Chapter 17.36 — CONDOMINIUMS AND CONDOMINIUM CONVERSIONS

These regulations are intended to provide criteria by which condominium projects, community apartment projects, and stock cooperative projects, may be developed to achieve environments of stable and desirable character. Regulations are set to insure a well-designed and viable blend of improvements with common and/or private open space. The standards of density, open space, light and air, and pedestrian and vehicular traffic circulation are intended to create projects that are well designed, aesthetically pleasing, and of a desirable character.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Condominium projects, including applications for condominium conversions, constructed on a parcel of less than forty-three thousand five hundred sixty (43,560) square feet, but equal to, or exceeding twenty thousand (20,000) square feet in area, shall be developed in accordance with the provisions of this Section.

B.

Condominium projects constructed on a parcel equal to or exceeding forty three thousand five hundred sixty (43,560) square feet shall be processed and developed in accordance with the provisions of the Planned Development (P-D) District requirements set forth in Chapter 17.24 (Special Purpose Zoning Districts). Further, the provisions of this section shall be used as general development guidelines.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

"Bedroom" means a defined area within a residential unit containing a closet or area of storage, and is sufficient in size to provide for sleeping purposes.

"Community Apartment Project" means an apartment development in which an undivided interest in the land is coupled with the right of exclusive occupancy of an apartment located thereon. For the purposes of this chapter, community apartment projects shall be subject to the same regulations as condominium projects.

"Condominium" means an estate in real property consisting of an undivided interest in common, in a portion of a parcel or real property, together with a separate interest in space in real property, such as a residence, townhouse, apartment house, office or offices, store, or stores. A condominium may include, in addition, a separate interest in other portions of such real property.

"Condominium Conversion" means the conversion of real property from occupancy under existing tenancies or estates, and regardless of residential, industrial or commercial tenure, to occupancy under condominiums, community apartment or stock cooperative interests. For the purposes of this section, condominium conversions will be subject to the same approval process as condominium projects.

"Condominium Projects" means the entire parcel of real property, including all structures thereon, subdivided or to be subdivided, for purposes of constructing or converting existing structures to condominium units.

"Open Space" means usable open space which:

(1)

Has been well-designed;

(2)

Has been provided with landscaping and recreational facilities; and

(3)

Has been provided with a program of continuing maintenance by the Condominium Owners Association.

"Common Open Space" means land area set aside for the residents of a condominium project which is owned by the Condominium Owners Association.

"Private Open Space" means land area designated and maintained for the exclusive use of the occupants of the appurtenant dwelling unit.

"Stock Cooperative" means a corporation which is formed for the purpose of holding title to, either in fee simple or for a term of years, improved real property if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title which is held by the corporation, which right of occupancy is transferable only with the transfer of the share or shares of stock in the corporation held by the person having such right of occupancy. For the purposes of this chapter, stock cooperatives will be subject to the same regulations as condominium projects.

"Vehicle Access and/or Driveway" means a private way for the use of vehicles.

A.

Commercial/industrial condominium projects shall be permitted only in the RC-MUDO (Residential/Commercial Mixed-Use Development Overlay), P-O (Professional Office), C-4 (Regional Commercial), CI-MU (Commercial-Industrial Mixed Use), M-1 (Light Manufacturing and Industrial), and P-D (Planned Development) zones. Where the P-D zone is the base zone in combination with the RC-MUDO overlay zone, the RC-MUDO shall be standard for the residential portion of the development, which may be modified by the City Council upon adoption of the P-D zone.

B.

Residential condominium projects shall be permitted only in the RC-MUDO (Residential/Commercial Mixed-Use Overlay), R-3 (Medium Multiple Residential), and P-D (Planned Development) zones.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.36.050 - Procedure and submittal requirements.

A.

Application for Discretionary Site Plan and Design Review approval. Concurrently with the submission of a Tentative Tract Map, the applicant shall submit an application for a Discretionary Site Plan and Design Review application to the Community Development Department that contains the following information:

1.

A site plan drawn at a scale which clearly defines and depicts compliance with all applicable development standards and the following items:

a.

The square-footage of each unit and the number of bedrooms in each unit, if applicable,

b.

The layout and delineation, defined square-footage, of all common and private areas,

c.

The layout and location of all storage space,

d.

The layout and location of all facilities and amenities provided within the common area for the enjoyment and use of unit owners,

e.

The layout of all private and guest parking spaces to be used in conjunction with each condominium unit,

f.

Location and type of surfacing of all driveways, pedestrian walkways, vehicular parking areas, and curb cuts,

g.

Trash enclosure construction and location details,

h.

Location, height and type of all walls and/or fences in relationship to existing adjacent grade levels. Cross sections shall be included, and

i.

Mailbox locations that encourage proper vehicular and pedestrian traffic flow within the project.

2.

Preliminary Grading Plan. A grading and drainage plan, in sea-level elevations, shall be submitted which indicates the existing grade for the project as well as the neighboring properties on all sides, and the proposed finished grades associated with the project.

a.

Drainage plan concepts shall be developed under the following priorities of design preference:

Natural historic flow.

2)

Natural/mechanical flow.

3)

Mechanical (pump).

b.

Provisions for cross-lot drainage, such as easement and drainage devices, if applicable.

3.

Preliminary Landscaping Plan. A preliminary landscaping plan of the project shall indicate the types and sizes of landscaping materials and permanent irrigation facilities. The landscaping plan shall be prepared in compliance with the City's Water Efficient Landscape Ordinance (Rosemead Municipal Code Title 13, Chapter 13.08).

4.

Preliminary Lighting Plan. A preliminary lighting plan shall indicate the location and nature of lighting and lighting fixtures proposed in common areas.

5.

Preliminary Master Sign Program. A preliminary master sign program shall be developed and submitted in accordance with the sign area provisions outlined in Chapter 17.116 (Signs).

6.

Proposed Condominium Documents. Proposed condominium documents, including those portions of the covenants, conditions, and restrictions that apply to the conveyance of units, the assignment of parking, and the management and maintenance of common areas and improvements shall be submitted.

7.

Delineation of Shared Common Spaces. Delineation of shared common spaces (including shared access areas, utility corridors, etc.) shall be clearly delineated with bearings and distances.

8.

Other Information. Other information that the Community Development Director determines may be necessary to evaluate the proposed project to ensure consistency with the General Plan, this Zoning Code, and any other applicable City regulations.

B.

Planning Commission Evaluation. The Commission will review and will approve or conditionally approve if the plan meets the requirements of Chapter 17.136.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The following regulations shall apply to condominium projects unless otherwise provided in this Zoning Code.

A.

Minimum Lot Area.

1.

Minimum Lot Area for Commercial/Industrial Condominium and Stock Cooperatives. The minimum lot or parcel area for a commercial or industrial condominium project shall be forty thousand (40,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum lot depth of one hundred (100) feet as measured from the center line of the property.

2.

Minimum Lot Area for Residential Projects. The minimum lot or parcel area for a residential condominium project shall be twenty thousand (20,000) square feet, and shall have a minimum street frontage of one hundred (100) feet, and a minimum depth one hundred (100) feet as measured from the center line of the property.

B.

Density, Lot Coverage, and Floor Area Ratio. Density, lot coverage, and floor area ratio shall conform to the requirements of the General Plan and Zoning Code requirements for the district in which the condominium project is proposed.

C.

Dwelling Unit Size (Residential Projects Only).

1.

Each dwelling unit shall have a minimum floor area as shown in Table 17.36.060.1. (Residential Condominium Floor Area Requirements).

Table 17.36.060.1

RESIDENTIAL CONDOMINIUM FLOOR AREA REQUIREMENTS

Two Bedroom Unit 800 square feet For Each Additional Bedroom An additional 200 square feet

D.

Minimum Building Setbacks. Condominium projects shall be subject to the setback requirements of the specific zones in which they are located.

E.

Maximum Building Height. The maximum building height shall conform to the requirements of the General Plan and Zoning Code for the district in which the condominium project is proposed.

F.

Fences, Masonry Walls and Height Requirements. Each development shall be improved with fencing, walls, and landscape screening in accordance with Chapter 17.68 (Fences, Walls, and Landscape Screening).

G.

Landscaping. In addition to any landscape provisions required within the zone in which a condominium project is proposed, the following additional landscape criteria shall be followed:

1.

All setback areas fronting on or visible from an adjacent public street, and all leisure, open space, and recreation areas shall be landscaped in an attractive manner and provided with a method for the maintenance of the areas.

2.

Decorative design elements (e.g., benches, exterior recreational facilities, fountains, planters, pools, sculptures, and similar elements) may be allowed, provided the elements are incorporated as a part of the landscaping plans, except where otherwise prohibited.

3.

Permanent and automatic irrigation facilities shall be provided in all planted landscaped areas.

H.

Lighting. In addition to the requirements set forth in Chapter 17.88 (Lighting), condominium projects shall conform to the following additional regulations:

1.

The subdivider shall install an on-site lighting system on all vehicular access ways and along major walkways.

2.

The lighting shall be directed onto the driveways and walkways within the development and away from the adjacent properties.

3.

Appropriate lighting shall also be installed within all covered and/or enclosed parking areas.

I.

Open Space (Residential Projects Only). There shall be provided a minimum of four hundred (400) square feet of private and/or common open space per unit, or any combination thereof exclusive of front yard setback, side yard setback, vehicular access ways, and off-street parking areas. Open space shall be devoted to landscaping and outdoor recreational facilities incidental to the residential development which may include, but are not limited to: swimming pools, tennis courts, children's play areas, barbecue and picnic areas. Open space within the condominium project should be oriented so as to provide separation of vehicular traffic from the open space.

J.

Storage and Utility Space (Residential Projects). A single area having a minimum of two hundred and forty (240) cubic feet of private and secure storage space shall be provided for each unit exclusive of closets and cupboards within the living space of the dwelling unit. Such storage may be located within the garage, provided it does not interfere with automobile parking. Each residential condominium unit shall also have utility space for a washer and dryer and, adjacent to the conventional hot water heater, a floor area of two and one-half feet by two and one-half feet and eight feet high for a solar hot water storage tank.

K.

Trash Collection Facilities. Adequate refuse and solid waste collection containers shall be provided and conveniently located near the dwelling units they serve. The refuse location(s) shall provide for large refuse collection vehicle circulation and access from a public street or alley. See Chapter 17.32 (Accessory Structures) for additional development standards.

L.

Parking.

1.

Residential Parking.

a.

Number of parking spaces required. Residential condominium projects shall be provided with the following minimum number of parking spaces, each no smaller than ten (10) feet by twenty (20) feet.

(1)

Two fully enclosed parking spaces per dwelling unit.

(2)

One guest parking space per every two dwelling units.

(3)

One-half guest parking space shall be provided for each additional bedroom in dwelling units containing more than three bedrooms.

b.

No garage or guest parking space shall be located more than one hundred (100) feet from the unit it serves.

c.

Tandem parking is prohibited.

d.

Enclosed garage areas shall be provided with automatic fire extinguishing systems.

e.

The Planning Commission may approve a plan that groups all or part of the required parking if the Commission finds the following.

(1)

Such parking is useful and accessible to the proposed dwelling units.

(2)

Such parking provides more contiguous or usable open space.

(3)

Garage door entry and exit is oriented away from open space.

(4)

Where subterranean parking is utilized, the requirements of Chapter 17.112 (Off-Street Parking and Loading) shall also apply.

2.

Residential Driveway Requirements. Minimum driveway standards shall be as follows: twenty-six (26) feet of unobstructed width, and thirteen and one-half (13.5) feet of unobstructed vertical clearance. The unobstructed vertical clearance standard shall not be applicable to subterranean parking. Second story projections, such as balconies and landings may project no more than three feet into the driveway width for

minimum clearance of twenty (20) feet. All driveways shall comply with the County of Los Angeles Fire Department Access Standards. All points of vehicular access to and from driveways onto public rights-ofway shall be subject to the approval of the City Traffic Engineer. Driveways shall be situated so as not to be adjacent to any common open space. All interior private driveway paving shall be a minimum of the following:

a.

Subsoil compacted to ninety (90) percent density for adequate load bearing conditions.

b.

Four-inch AC over six-inch base material crushed aggregate, or six inches of concrete.

3.

Commercial and Industrial Parking, Loading, and Driveway Requirements. Commercial and industrial condominium parking requirements shall conform to the requirements of Chapter 17.112 (Off-Street Parking and Loading).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Procedures. Condominium conversions shall be subject to the application and approval of a Conditional Use Permit. In addition to those required to be notified of a public hearing, all tenants and/or legal occupants occupying the proposed conversion site shall be notified in writing of the public hearing. A complete list of tenants and/or legal occupants shall be submitted to the Community Development Department by the applicant. These requirements in no way diminish the responsibilities of the applicant to comply with all state, county and local requirements. All proposed condominium conversions, in addition to meeting the current Building Code requirements, shall comply with the parking and open space requirements for new condominium projects.

(Ord. No. 931, § 5(exh. a), 10-22-13)

Chapter 17.40 - CANNABIS FACILITIES, CULTIVATION, AND DELIVERIES[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 1018, §§ 3—10, adopted November 14, 2023, amended Chapter 17.40, §§ 17.40.010—178.40.050 in its entirety to read as herein set out. The former Chapter 17.40 pertained to similar subject matter and derived from Ord. No. 983, § 7, adopted November 13, 2018.

The following words used in this chapter are defined as follows:

"Cannabis" has the meaning set forth in Business and Professions Code Section 26001(f) and includes all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by Health and Safety Code Section 11018.5.

"Commercial Cannabis Activity" has the meaning set forth in Business and Professions Code Section 26001(k), and as that provision may be amended subsequently.

"Commercial Cannabis Facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any commercial cannabis activity that requires a state license or nonprofit license under Business and Professions Code Sections 26000 and following, including but not limited to cannabis cultivation, manufacturing of cannabis products or cannabis processing. Commercial cannabis facility shall not include the establishment of a non-storefront retailer as defined in California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15414.

"Cultivation" has the meaning set forth in Business and Professions Code Section 26001(l) and includes any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Medicinal Cannabis" or "Medical Cannabis" is cannabis used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of cannabis in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which cannabis is deemed to provide relief as defined in Health and Safety Code section 11362.7(h).

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in the Business and Professions Code Division 10, as the same may be amended from time to time.

"Primary Caregiver" has the meaning set forth in Health and Safety Code Sections 11362.5(e) and 11362.7(d).

"Private Residence" means a house, an apartment unit, condominium, or other similar dwelling.

"Qualified Patient" has the meaning set forth in Health and Safety Code Section 11362.7(f).

(Ord. No. 1018, § 4, 11-14-23)

17.40.020 - Purpose and intent.

The purpose and intent of this chapter is to prohibit commercial cannabis facilities and to regulate cannabis cultivation, as defined above, within the City limits. It is recognized that it is a federal violation under the

Controlled Substances Act to possess or distribute cannabis even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with a cannabis facility, which is contrary to policies that are intended to promote and maintain the public's health, safety, and welfare. This chapter shall not be interpreted as prohibiting patients within the city or their caregivers from purchasing by delivery medicinal cannabis to meet their demands in a timely and readily accessible manner.

(Ord. No. 1018, § 5, 11-14-23)

17.40.030 - Commercial cannabis facilities and cannabis deliveries.

A.

Commercial cannabis facilities are prohibited in all zones in the City. No person or entity may establish or operate a commercial cannabis facility within City limits.

B.

No property owner may allow its property to be used by any person or entity as a commercial cannabis facility.

C.

This chapter is not intended to prohibit any commercial or non-commercial cannabis activity that the City is required by state law to permit within its jurisdiction pursuant to MAUCRSA.

(Ord. No. 1018, § 6, 11-14-23)

17.40.040 - Non-storefront, delivery-only medical cannabis retail use.

A.

A Non-storefront, delivery-only medical cannabis retail use is permitted in the Light Manufacturing and Industrial (M-1) zone and shall require a Conditional Use Permit pursuant to Chapter 17.132—Conditional Use Permits.

B.

A Non-storefront, delivery-only medical cannabis retail use must not be located within:

1.

Five hundred (500) feet of any property zoned R-1, R-2, and R-3 within the City limits;

2.

Five hundred (500) feet of any churches or other places used exclusively for religious assembly within the City limits;

Five hundred (500) feet of any public or private school (grades K-12) or child care establishment within the City limits;

4.

Five hundred (500) feet of any public park or playground, or any city facility, including, but not limited to, city hall, the city library, and any police or fire station.

C.

In addition to the application requirements set forth in Chapter 17.132—Conditional Use Permits, the applicant shall also submit a Safety and Security Plan that shall be reviewed and approved by the Chief of Police. The Safety and Security Plan shall include all of the following:

1.

State License Information.

2.

Odor Mitigation Plan. The Odor Mitigation Plan shall be certified by a professional engineer or industrial hygienist that includes the following:

a.

Operational processes and maintenance plan, including activities to ensure the odor mitigation system remains adequate and functional;

b.

Odor mitigation training and operational procedures for all employees; and

c.

Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate cannabis odors.

3.

The establishment of a 24-hour video surveillance recording system, which includes coverage of the following areas:

a.

Areas where cannabis or cannabis products are weighed, packed, stored, loaded or unloaded for transportation, or moved within the licensed premises.

b.

Limited access areas.

c.

Security rooms.

d.

Areas storing a surveillance system storage device with at least one camera recording the access points to the secured surveillance recording area.

e.

Entrances and exits to the licensed premises, which shall be recorded from both indoor and outdoor vantage points.

f.

Any other area as may be required by state law.

4.

The video surveillance shall be stored for a minimum of ninety (90) days and be made available to Law enforcement and Code enforcement upon request.

5.

Alarm System. Professionally and centrally monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition at the premises in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15047.

6.

The parking lot and exterior of the establishment shall maintain good lighting to the satisfaction of the Chief of Police during hours of darkness.

7.

Provide training to staff regarding security protocols and emergency procedures in accordance with state law.

8.

Right of Inspection. All vehicles and facilities permitted pursuant to this article are subject to inspection by City personnel any time the operator is exercising privileges under an operator permit. Prior notice of an inspection is not required.

9.

Secure Storage. All medical cannabis and medical cannabis products shall be kept in accordance with California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15000.7 during business and non-

business hours. Each non-storefront medical cannabis delivery-only operation shall ensure that all limited access areas and be securely Jocked using commercial grade, nonresidential door locks. Commercial grade, nonresidential door locks shall also be used on all points of entry and exit to the licensed premises.

10.

Owner/Employee Rosters and Notice of Change.

11.

Other Necessary Security Requirements. The Chief of Police may prescribe additional safety or security measures that he or she deems reasonable and necessary in light of the nature and location of a specific operation.

D.

Operational Standards.

I.

Non-storefront, delivery-only medical cannabis retail operations may only operate during the hours authorized by their state license and the Department of Cannabis Control regulations.

2.

The delivery of cannabis to any person within the City limits is prohibited, except for deliveries of medicinal cannabis to medicinal cannabis patients or their primary caregivers. These deliveries to medicinal cannabis patients or their primary caregivers are subject to the following requirements:

a.

Deliveries are only permitted to occur from the hours of six a.m. to ten p.m.;

b.

Cannabis and cannabis products shall only be transported inside of a vehicle or trailer and shall not be visible or identifiable from outside of the vehicle or trailer; and

c.

Deliveries are only permitted to a physical address not located on publicly owned land or any address on land or in a building leased by a public agency. A delivery employee shall not deliver cannabis goods to a school providing instruction in kindergarten or any grades one through twelve (12), day care center, or youth center.

3.

No cannabis or cannabis products may be visible from outside the non-storefront medical cannabis delivery-only operation's fixed location or delivery vehicles.

No visual display, signage, or condition on the exterior of the non-storefront, delivery-only medical cannabis retail operation's fixed locations or delivery vehicles shall indicate the types of products being stored inside the fixed location or transported in the delivery vehicles.

5.

No Public Access. Non-storefront, delivery-only medical cannabis retail operations shall not permit public access to fixed locations or delivery vehicles. Only employees, operators, and owners of non-storefront, delivery-only medical cannabis retail operations may access businesses' fixed locations or delivery vehicles.

6.

No On-Site Sales. Non-storefront, delivery-only medical cannabis retail operations shall only conduct sales via delivery. On-site sales are strictly prohibited.

7.

No Cannabis Paraphernalia. No non-storefront, delivery-only medical cannabis retail operation shall sell or display any products other than medicinal cannabis or medicinal cannabis products. No cannabis-related paraphernalia or any other products, including but not limited to alcohol and tobacco products shall be allowed.

8.

No person under the age of twenty-one (21) years old shall be in a commercial vehicle or trailer transporting cannabis or cannabis products. Only a licensee, an employee of the licensed distributor, or security personnel who meets the requirements of California Code of Regulations, Title 4, Division 19, Chapter 3, Section 15045 shall be in a vehicle while transporting cannabis or cannabis products.

9.

No more than the maximum amount of medical cannabis permitted under state law in total value of product and cash may be transported at any one time in an individual vehicle during deliveries.

10.

All non-storefront, delivery-only medical cannabis retail operations must be conducted in accordance with all local and state laws.

11.

Other Necessary Operational Requirements. The City may prescribe additional operational requirements deemed reasonable and necessary in light of the nature and location of a specific operation.

(Ord. No. 1018, §§ 3, 7, 11-14-23)

No person may cultivate cannabis at any location within the City, except that a person may cultivate no more than six living cannabis plants inside a private residence, or inside an accessory structure to a private residence located upon the grounds of that private residence, provided that such cannabis cultivation is in compliance with all of the following requirements and restrictions:

A.

The cultivation occurs in residences and/or accessory structures that are fully enclosed and secured against unauthorized entry.

B.

The owner of the private residence has provided written consent allowing cannabis cultivation to occur at the private residence.

C.

The cultivation complies with all applicable building code requirements set forth in the Rosemead Municipal Code.

D.

There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of cannabis cultivation.

E.

Pursuant to Health and Safety Code Section l 1362.2(a)(3), no more than six living plants may be planted, cultivated, harvested, dried, or processed within a single private residence, or upon the grounds of that private residence, at one time.

F.

Indoor grow lights used for cannabis cultivation do not exceed one thousand (1,000) watts per light.

G.

Adverse impacts of cannabis cultivation are mitigated so that a public nuisance, as defined by Civil Code Section 3480, does not exist, including but not limited to adverse impacts of odors or the use or storage of hazardous materials, processes, products, or wastes.

H.

A portable, working, fire extinguisher must be kept in the same room or structure where cannabis cultivation is occurring.

I.

Cannabis and cannabis infused products must be disposed in a secure waste receptacle located on the residential property. Disposed cannabis plants and products must be rendered unusable and

unrecognizable by grinding and incorporating cannabis waste with any non-consumable solid waste with a resulting mixture of at least fifty (50) percent non-cannabis waste.

(Ord. No. 1018, §§ 3, 8, 11-14-23)

Violation of any provision of this chapter is subject to enforcement remedies and penalties as set forth in Rosemead Municipal Code or applicable law.

(Ord. No. 1018, §§ 3, 9, 11-14-23)

Any violation of this section is declared to be a public nuisance per se and contrary to the public interest and will at the discretion of the City, be subject to a cause of action for injunctive relief. In addition to any other method of enforcement, the City Attorney may bring a civil action for injunctive relief and civil penalties against any person or entity that violates this chapter. In any civil action brought pursuant to this section, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party as provided in Rosemead Municipal Code Section 1.16.040.

(Ord. No. 1018, §§ 3, 10, 11-14-23)

Chapter 17.42 - MOBILE HOMES AND MANUFACTURED HOUSING

Section:

A.

Manufactured Housing May Only be Used For a Single-Family Dwelling. A manufactured housing unit shall be considered a single-family dwelling and is subject to the Residential District Development Standards identified in Chapter 17.12(Residential Zoning Districts).

B.

Foundation Required. A manufactured home shall be installed and maintained upon a permanent, continuous, exterior, masonry, or concrete foundation.

C.

Design Standards. All manufactured housing units shall comply with the site design and architectural standards set forth in Section 17.12.030.B.1.h (R-1 and R-2 Design Standards).

D.

Roofs on manufactured housing shall include a roof overhang with eaves.

E.

Flat Roofs are not Permitted. A minimum roof pitch of four to twelve (12) is required.

F.

Manufactured Housing May be Prohibited. The Community Development Director, pursuant to Section 65852.3(a) of the California Government Code, shall have the authority to preclude the installation of a manufactured housing unit if the manufactured housing unit was constructed ten (10) or more years prior to the date of the application for permit issuance to install the manufactured housing unit.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.46 - MOBILE HOME PARKS AND PARK CONVERSIONS

For the purpose of carrying out the intent of this Section:

"Applicant" means the person(s), firm(s), entity(ies) or corporation(s) applying for any application for the purpose of converting, changing to another use, closing, or ceasing to use land as a mobile home park. If the owner of the controlling interest in a mobile home park is not the applicant, then the applicant must provide evidence of the controlling owner's consent to the filing of the application.

"Cessation of Use of Land as Mobile Home Park" means a decision by the owner(s) of a mobile home park to discontinue the use of the property as a mobile home park which was not the result of an adjudication of bankruptcy.

"City Council" means the City Council of the city of Rosemead or its designated advisory body.

"Commercial Modular", as defined in the Health and Safety Code Section 18001.8, means a structure transportable in one or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes, which is required to be moved under permit, and shall include a trailer coach as defined in Section 635 of the Vehicle Code.

"Commercial Coach" has the same meaning as "commercial modular" as that term is defined in this section.

"Comparable Housing" means housing that is equivalent in terms of amenities, condition, location, price and size (floor area and number of bedrooms) to the mobile home to which comparison is being made.

"Comparable Mobile Home Park" means a mobile home park that is equivalent in terms of amenities, condition, location and rental price to the mobile home park to which comparison is being made.

"Conversion Impact Report" means a report, meeting the requirements of this section, describing (i) the impacts of a mobile home park conversion on affected mobile home owners and residents; and (ii) the measures that will be taken to mitigate adverse impacts of such conversion on affected mobile home owners and residents.

"Conversion of a Mobile Home Park" means changing the use of a mobile home park for a purpose other than the rental, or the holding out for rent, of two or more mobile home sites to accommodate mobile

homes used for human habitation. Such a conversion may affect an entire mobile home park or any portion thereof. A conversion shall include, but is not limited to, a change of any existing mobile home park or any portion thereof to condominium, stock cooperative, planned unit development, or any form of ownership wherein spaces within the mobile home park are to be sold, and the cessation of use of all or a portion of the park as a mobile home park, whether immediately or on a gradual basis, or the closure of the park.

"Conversion" shall not include the purchase of the park by its existing residents. The provisions of Government Code Section 66427.5 shall apply in that circumstance.

"Enforcement Agency" means the Community Development Director of the City or a duly appointed representative.

"Mobile Home" means a trailer, transportable in one or more sections; that is certified under the National Manufactured Housing Construction and Safety Standards Act of 1974; that is over eight feet in width and forty (40) feet in length, with or without a permanent foundation and not including recreational vehicle, commercial coach or factory-built housing. A mobile home on a permanent foundation is included under the definition of "Single-unit dwelling."

"Mobile Home Owner" means the registered owner or owners of a mobile home.

"Mobile Home Park" as used in this Section, shall have the same meaning as defined in the Health and Safety Code Section 18214.

"Mobile Home Park Owner" or "Park Owner" means the owner, lessor, operator or manager of a mobile home park in the city of Rosemead.

"Mobile Home Resident" or "Resident" includes the following: the registered owner or owners of a mobile home, who has a tenancy in a mobile home park under a rental or lease agreement (whether or not the owner(s) occupy such mobile home) or a member of the immediate household of the mobile home owner (provided such member resides within the mobile home), a person who occupies a mobile home within a mobile home park pursuant to a bona fide lease or rental agreement with the mobile home owner and who, during his or her tenancy, was not the owner or member of the immediate household of the mobile home owner.

"Mobile Home Space" means any area, tract of land, site, lot, pad, or portion of a mobile home park designated or used for the occupancy of one mobile home.

"Park" means any plot of ground, area or tract of land upon which two or more mobile homes are located and occupied for dwelling or sleeping purposes whether or not a charge is made for such accommodations. This subsection shall not be construed to include automobile, motor home, or mobile home sales lots on which unoccupied vehicles are parked for the purposes of inspection and sale.

"Trailer Park" means an area of land where two or more trailer spaces are rented, or held out for rent, to accommodate trailers used for human habitation, and where the predominant number of spaces is occupied for nine or more consecutive months.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The requirements of this section shall not apply to mobile home parks in existence at the time of the adoption of this Section unless such mobile home park desires to increase the number of mobile home spaces. In such event, the park shall be required to apply for a conditional use permit and comply with each of the requirements of this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

The provisions of this Section shall apply to Mobile Home Parks and Park Conversions as defined in Section 17.46.010 (Definitions) and where allowed in compliance with Article 2 (Zoning Districts, Allowable Land Uses and Zone Specific Standards).

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Construction of mobile home parks are subject to the California Code of Regulations, Title 25, Division 1 and operation of a mobile home park is subject to the California Civil Code Section 798 et seq. (Mobile home Residency Law) and the California Health and Safety Code Section 18000 et seq. (Mobile homesManufactured Housing Act of 1980). The city of Rosemead will not grant occupancy until applicant submits proof that all requirements of the State law and the following City development standards have been satisfied.

A.

Mobile Home Space Minimum. Each mobile home space shall consist of at least three thousand (3,000) square feet.

B.

Recreation Area. At least one hundred (100) square feet of the park shall be devoted to recreational uses for each dwelling unit. Any structure devoted to recreational uses shall be permanent and may not consist of a mobile home.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

17.46.050 - Mobile home park conversions.

A.

Purpose. The purpose of this Section is to provide regulations for the conversion, closure, or cessation of use of mobile home parks, which assures that no undue financial hardship to residents are incurred by mobile home park conversion, while recognizing the rights of park owners to pursue changes in land use.

B.

Conversion Impact Report Required. Any applicant for a conversion of a mobile home park to any other use as defined by the section shall be required to submit a Conversion Impact Report to the Community Development Director or his designee at the same time notice of the change of use is given to mobile home resident(s) per Civil Code Section 798.56, which is not less than twelve (12) months prior to the park owner's planned change of use.

C.

Notification of the Mobile Home Park Residents. Upon providing a Conversion Impact Report, the Community Development Director or his designee(s) shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobile home park residents concerning the proposed conversion. The Community Development Director or his designee(s) shall specify in writing to the applicant the information that must be submitted in order to adequately notify all existing residents as required by the California Government Code, the California Civil Code, and this section. Notification, including a copy of the Conversion Impact Report, to residents and mobile home owners shall be made at least fifteen (15) days prior to any hearing on the application. No hearing on the application shall be held or any other action on the application taken until the applicant has provided to the City satisfactory verification that the required notice has been provided.

D.

Review of the Conversion Impact Report. No public hearing on the Conversion Impact Report will occur until the Conversion Impact Report has been reviewed by the Community Development Director or his or her designee(s) for substantial conformance with the requirements of this Section.

E.

Required Contents of the Conversion Impact Report. At a minimum, the Conversion Impact Report shall include the following, as well as any other information deemed necessary and appropriate by the Community Development Director or his or her designee(s):

1.

A detailed narrative description of the proposed use to which the mobile home park is to be converted.

2.

The proposed timetable for implementation of the conversion and development of the site.

3.

A detailed description of the mobile home spaces within the mobile home park, including, but not limited to:

a.

The total number of mobile home spaces in the park and the number of spaces occupied.

b.

The length of time each space has been occupied by the present resident(s) thereof.

c.

The age, size, and type of mobile home occupying each space.

d.

The monthly rent currently charged for each space, including any utilities or other costs paid by the present resident(s) thereof.

e.

Name and mailing address of the resident(s) of each mobile home within the mobile home park as well as the mobile home owner (for each mobile home that is not owner-occupied) on three sets of gummed labels for the mailing of notice of public hearings.

4.

A list of all comparable mobile home parks within the city of Rosemead and within fifty (50) miles of the City. This list shall include the age of the mobile home park and the mobile homes therein, range of rental rates for each park listed and the criteria of the management of each park for acceptance of new residents and used mobile homes. Information pertaining to the availability of medical and dental services, shopping facilities, and all nearby social and religious services and facilities shall also be included.

5.

A detailed analysis of the impact of the relocation on the residents including comparisons of current rents paid and rents to be paid at comparable mobile home parks within the 50-mile relocation zone, the estimated costs of moving a mobile home and/or personal property, and any direct or indirect costs associated with a relocation to another mobile home park or any other type of housing unit.

6.

A list of the names, addresses and telephone numbers of one or more housing specialists, with an explanation of the services the specialists will perform at the applicant's expense for the residents to be displaced. These services shall include, but not be limited to, assistance in locating a suitable replacement mobile home park, assuring that residents without cars are driven, by means of suitable transportation at no cost to the resident, to inspect replacement spaces or homes and otherwise take reasonable steps to assist any disabled or handicapped residents with relocation-related activities, coordination of moving the mobile home and personal property, and any other tasks necessary to facilitate the relocation to another comparable mobile home park.

7.

A relocation plan for residents of the mobile home park and provide, at a minimum, for the following:

a.

The names, addresses, telephone numbers, and fee schedules of at least three independent third parties in the area who are qualified as an appraiser of mobile homes for the purpose of financing or sale.

b.

The names, addresses, telephone numbers, and fee schedules of persons in the area qualified as mobile home movers.

c.

Provisions for the applicant to pay all reasonable costs of relocation as would be charged by a professional mover to a comparable mobile home park within the city of Rosemead or within fifty (50) miles of the City to any mobile home owner at the time a Conversion Impact Report is submitted. The reasonable cost of relocation shall include the cost of relocating a displaced homeowner's mobile home, accessories, and possessions, including the costs for disassembly, removal, transportation, and reinstallation of the mobile home and accessories at the new site, and replacement or reconstruction of the blocks, skirting, siding, porches, decks, awnings, storage sheds, cabanas, or earthquake bracing if necessitated by the relocation; indemnification for any damage to personal property of the resident caused by the relocation, reasonable living expenses of displaced park residents from the date of actual displacement to the date of occupancy

at the new site; and payment of any security deposit required at the new site. When any resident has given notice of his or her intent to move prior to an approved Conversion Impact Report, eligibility to receive moving expenses shall be forfeited.

d.

Identify those mobile homes that cannot be relocated to a comparable mobile home park within the city of Rosemead or within fifty (50) miles of the City and the mobile home owner has elected to sell his or her mobile home. The relocation plan shall identify the reasons why the mobile homes cannot be relocated. In those circumstances the applicant shall be required to purchase the mobile home of a displaced home owner at the appraised fair market value of the mobile home itself, as well as appliances, accessories, and appurtenant structures, as a part of the reasonable cost of relocation as provided for in Government Code Section 65863.7(e). The fair market value shall be determined by an independent third party who is qualified as an appraiser of mobile homes for the purpose of financing or sale. "Fair market value" means the probable price which a mobile home would bring in a competitive and open market under all conditions requisite to a sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by any undue stimulus. "Fair market value"' does not include any "in-place" value, or value attributable to its continued siting on the rented space at the mobile home park. If a dispute arises as to the appraised value of a mobile home, the applicant and the homeowner shall have appraisals prepared by separate qualified appraisers of mobile homes with experience in establishing the value of mobile homes for the purpose of financing or sale. The cost for both appraisals shall be paid for by the mobile home park owner. The fair market value shall be based upon the average of the appraisals submitted by the applicant and mobile home owner.

e.

Notwithstanding any other provision of this section, as an alternative to the requirements of this Section, the mobile home owner and mobile home park owner may agree to mutually satisfactory conditions.

Compliance with said agreement by the mobile home park owner shall constitute compliance with this Section. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this Section, shall include a copy of this Section as an attachment, shall include a provision in at least 12-point type which clearly informs the resident that they have the right to seek the advice of an attorney of their choice prior to signing the agreement with regard to their rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law.

F.

Public Hearing. A hearing shall be held before the City Council or its designated advisory body on the Conversion Impact Report prior to the eviction of any mobile home resident pursuant to this section. (If the Council designates an advisory body, all responsibilities of the Council with respect to the public hearing shall be the responsibility of the advisory body.) At this hearing, the City Council shall review the application documentation. At the conclusion of the hearing, the City Council shall either accept the Conversion Impact Report as complete or add additional mitigation measures pursuant to California Government Code Section 65863.7(e) provided those measures do not exceed the reasonable cost of relocation. The public hearing shall be held not later than ninety (90) days prior to the date provided in the notice of closure to the residents of the mobile home park.

G.

Decision Regarding Conversion Impact Report.

1.

At the public hearing, the City Council shall approve, conditionally approve or reject a proposed Conversion Impact Report. The City Council shall approve or conditionally approve a Conversion Impact Report if it finds that the Conversion Impact Report contains, or has been conditioned to contain, reasonable measures to mitigate the adverse impacts of the mobile home park conversion on affected mobile home owners and residents. The City Council in making its decision on the Conversion Impact Report shall consider all relevant factors, including, but not limited to, the prior history of rent adjustments for the affected mobile home owners and residents.

2.

The City Council may impose conditions in connection with its approval of a Conversion Impact Report. Such conditions may include, but are not limited to, payments to affected mobile home owners and residents to mitigate the following expenses as applicable to each particular mobile home owner having a mobile home in the mobile home park.

a.

The expense of relocating the mobile home to a comparable mobile home park. The amount of such payment shall be based upon consideration of moving, tear-down and set-up costs. Moving costs include the cost of moving the mobile home and the cost of moving associated relocatable mobile home improvements. Set-up costs include the cost of connecting utilities at the replacement mobile home park and the cost of any upgrades required to comply with applicable laws.

b.

The expense of forfeiting the mobile home. The amount of such payment shall be based upon consideration of the fair market value as described in this Section.

c.

The expense of assuming tenancy in a comparable mobile home park. The amount of such payment shall be based upon consideration of the following:

1)

Moving costs.

2)

First month's rent, last month's rent and security deposit at the replacement mobile home park.

3)

Differential as of the date of relocation between rental rates at the mobile home park being converted and the replacement mobile home park during the first year of relocation (twelve (12) months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles-Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement mobile home park during the first year of relocation. The calculation yielding the greater rental subsidy shall be used.

d.

The expense of assuming tenancy in comparable housing. The amount of such payment shall be based upon consideration of the following:

1)

Moving costs.

2)

First month's rent, last month's rent, and security deposit at the replacement housing.

3)

Differential as of the date of relocation between the rental rate at the mobile home park being converted and the comparable housing during the first year of relocation (twelve (12) months), or the differential as of the date of relocation between the space rental rate identified in the Fair Market Rents for Manufactured Home Spaces for Los Angeles-Long Beach in the Section 8 Housing Choice Voucher Program published by HUD (or such successor index published by HUD) and the replacement comparable housing during the first year of relocation. The calculation yielding the greater rental subsidy shall be used.

e.

The conditions imposed in connection with approval of a Conversion Impact Report shall not exceed the reasonable costs of relocation. Conditions shall only be imposed in order to ensure that the applicant/mobile home park owner adequately mitigates adverse impacts of the mobile home park conversion on affected mobile home owners and residents. In imposing conditions, the City Council shall interpret and apply this Section in a manner consistent with applicable law.

H.

Notice and Distribution of Conversion Impact Report Prior to Public Hearing. Not less than fifteen (15) days prior to a scheduled hearing before the City Council, the owner of the mobile home park shall transmit to the mobile home owner and resident of each mobile home occupying a space within the mobile home park a copy of the Conversion Impact Report, a copy of this Section, and notices of the dates, times and places of the public hearings or any informational meetings and shall inform each mobile home owner that he or she has the right to appear to object to the failure to meet the requirements of this section with respect to his or her home's relocation. The copies provided shall be free of charge. Proof of service of distribution of the impact report to each resident must be filed by the applicant with the City Manager or his or her designee(s) seven days prior to the hearing and shall be signed under penalty of perjury. A hearing shall not be held until the applicant has satisfactorily verified to the City that all persons have received proper notifications.

I.

Required Findings at Public Hearing. In approving a Conversion Impact Report for a mobile home park conversion, the City Council shall find that the proposed conversion meets the following requirements in addition to the other requirements of this Section.

1.

The proposed use of the property is consistent with the General Plan and any and all of its elements, any applicable specific plan or planned development plan or similar mechanism provided for in state law or city ordinances and this section.

2.

The residents of the mobile home park have been adequately notified of the proposed conversion, including information pertaining to the anticipated timing of the proposed conversion.

3.

The applicant has substantially complied with the required contents of its Conversion Impact Report including that any mobile home resident displaced as a result of the conversion shall be compensated by the applicant for all reasonable costs incurred as a result of their relocation.

J.

Modification of Approved Conversion Impact Report.

1.

The City Council may, upon request of applicant and after holding a public hearing, modify the provisions of an approved Conversion Impact Report. A modification may be approved where the City Council finds that there has been a change in circumstances, or there is new information that could not have reasonably been known or considered at the time of the original hearing on approval of the Conversion Impact Report.

2.

The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from a modification of an approved Conversion Impact Report.

K.

Expiration of Conversion Impact Report.

1.

An approved Conversion Impact Report shall expire according to the expiration date listed in the Conversion Impact Report, unless an extension is granted prior to such date pursuant to this Section.

2.

The City Council may, upon request of the applicant and after holding a public hearing, extend the term of an approved Conversion Impact Report. An extension may be granted where the City Council finds that expiration of the Conversion Impact Report would constitute an undue economic hardship to the applicant.

3.

The City Council may impose additional conditions as deemed necessary to mitigate any adverse impacts resulting from an extension. The City may grant multiple extensions of an approved Conversion Impact Report but no single extension shall have a duration in excess of one year.

L.

Nullification of Impact Report. The City Council may, upon request of the Community Development Director or his designee and after holding a public hearing, order an approved Conversion Impact Report null and void. No nullification shall be ordered unless the City Council makes either of the following findings:

1.

Approval of the Conversion Impact Report was obtained fraudulently.

2.

The applicant has failed to comply with the mitigation measures set forth in, or the conditions imposed in connection with, the approved Conversion Impact Report.

M.

Appeal. Any City Council decision pursuant to this Section is final. In the event the City Council designates authority to implement this section to an advisory body, all decisions of the advisory body shall be subject

to appeal to the City Council as provided for in the provisions covering appeals to the Council from the Planning Commission.

N.

Processing Fees. Each applicant seeking City approval, modification or extension of a Conversion Impact Report shall pay a nonrefundable application deposit in an amount established by City Council resolution. In addition, the applicant shall reimburse the City for all costs, including staff time and attorney's fees, incurred in processing and reviewing the applicant's Conversion Impact Report.

O.

Issuance of Grading and/or Building Permits. No building permit shall be issued for the development of or on any real property which is being converted from a mobile home park pursuant to this section unless and until the applicant has filed with the Community Development Director or his designee(s) a verified

statement made under penalty of perjury that the terms set forth by the City Council at the public hearing have been met or otherwise incorporated into the final project plans including the payment of all required relocation assistance required pursuant to this section. Such statement shall identify in itemized form each payee, the amount paid, the date of payment, and the type of relocation or other assistance for which each such payment was made.

P.

Exceptions to Required Relocation Assistance. This Section shall not apply in the following situations:

1.

The California Department of Housing and Community Development suspends or revokes a permit pursuant to Health and Safety Code Section 18510.

2.

The resident received actual written notice from the owner of the mobile home park prior to entering into oral or written agreement to become a resident that an application to convert the mobile home park to another use was on file with the City or had already been approved.

Q.

Notification to City of Termination of Tenancy.

1.

After the receipt of a City Council approved Conversion Impact Report, the mobile home park owner shall serve, by personal service or by United States mail, written notice to the City's Community Development Director or his designee(s) of the notice of termination of tenancy as required by California Civil Code Section 798.56.

2.

The notice shall be accompanied by a statement that the applicant/mobile home park owner has provided all relocation assistance required by the Conversion Impact Report, City Council, and State law, accompanied with proof of such assistance in the form of notarized signed acknowledgements from the recipients thereof or a notarized signed waiver of assistance. The Community Development Director or his designee shall verify the validity of such statement.

3.

If applicant/mobile home park owner fails to substantially comply with this subsection, as determined by the City Community Development Director or his designee(s), the City Community Development Director or his designee(s) shall forthwith notify all other appropriate City departments and officials of such noncompliance. These departments and officials shall not issue, grant or approve any application or request for any permit, license or other entitlement of use (including, but not limited to, a building permit, conditional use permit, zone change, variance, certificate of occupancy, tract or parcel map) for any change of use.

R.

Rental Increase Limits During Conversion Process. From the date of delivery of the 12-month notice required by California Civil Code Section 798.56 through the date of relocation for a particular space, rental increases for such space shall be limited by the change in Consumer Price Index for All Urban Consumers in the Los Angeles/Anaheim/Riverside area for the 12-month period immediately preceding the date of the notice, unless and until the mobile home park owner withdraws a submitted Conversion Impact Report.

S.

Conflicts with Other Laws. In the event the provisions of this Section conflict with any code, ordinance or regulation of the City, the provisions of this Section shall govern. In the event any provisions of this Section conflict with a provision of State law, this section shall be interpreted and applied in conformity with State law.

T.

Violations. In addition to any remedies or penalties for noncompliance with any City Ordinance as provided elsewhere in the Municipal Code, any mobile home park owner or applicant who violates any rights of any mobile home owner or mobile home resident established under this section shall be liable to said person for actual damages caused by such violation, plus costs and reasonable attorney's fees. In addition, no mobile home park owner shall take any willful action to threaten, retaliate against, or harass any park resident with the intent to prevent such residents from exercising his or her rights under this Section.

(Ord. No. 931, § 5(Exh. A), 10-22-13)

Chapter 17.54 - WIRELESS TELECOMMUNICATION FACILITIES

17.54.010 - Purpose, intent and goals.

A.

Purpose. The purpose of this Section is to provide a uniform and comprehensive set of standards for the permitting, design, placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation, maintenance and modification of wireless facilities, wireless transmission devices and related support structures and accessory equipment within the City of Rosemead.

B.

Intent. Balanced against the goals of federal and state laws designed to promote more reliable and cost competitive wireless service, the regulations set forth herein are intended to:

1.

Safeguard the public health, safety and community welfare;

2.

Preserve the aesthetic appearance of the Rosemead Community;

3.

Promote the identification, examination and implementation of aesthetically innovative yet reasonably feasible techniques for the design and siting of wireless facilities and wireless transmission devices;

4.

Promote approaches to designing and siting of wireless facilities and wireless transmission devices which are more compatible and harmonious with their surroundings; and

5.

Promote the goals and policies of this Section and the Rosemead General Plan.

C.

Goals. The goals of this section are to:

1.

Protect the visual character of the City from the potential adverse effects of wireless facilities, wireless transmission devices, support structures and accessory equipment;

2.

Prevent the emergence and proliferation of visual blight along visually significant or visually sensitive corridors within the City, including significant showcase corridors;

3.

Recognize the rights of wireless facilities operators and wireless transmission devices under Federal law and State law, and harmonize those with the City's interest;

4.

Encourage users of wireless facilities and wireless transmission devices to locate such equipment in areas where any adverse impacts on the community are optimally mitigated and, where possible, encourage users of wireless facilities to collocate those facilities with existing wireless facilities;

5.

Encourage users of wireless facilities, which include accessory equipment, to configure such equipment in a manner that minimizes their adverse visual impact;

6.

Encourage the managed and aesthetically sensitive development of wireless facilities in the City;

7.

Ensure that approved wireless facilities, wireless transmission devices and related accessory equipment and support structures are constructed and operated in a safe and legally compliant manner; and

8.

Establish uniform criteria and procedures for the construction, installation and operation of wireless facilities, wireless transmission devices and related accessory equipment and support structures.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.020 - Definitions.

For purposes of this section, the following terms shall have the meaning set forth herein:

"Accessory Equipment" means any equipment or device necessary for the operation of a wireless transmission device and used in conjunction with a wireless transmission device and any related support structure. Such equipment or devices include, but are not limited to, utility or transmission equipment, power supplies, generators (including back-up generators), batteries, cables, equipment buildings, cabinets and storage shed shelters or other structures.

ary for the operation of a wireless transmission device and used in conjunction with a wireless transmission device and any related support structure. Such equipment or devices include, but are not limited to, utility or transmission equipment, power supplies, generators (including back-up generators), batteries, cables, equipment buildings, cabinets and storage shed shelters or other structures.

"Administrative Collocation" shall have the same meaning as the term "collocation facility" as defined under Section 65850.6 of the California Government Code which generally refers to a type of collocation (as defined herein). Under Section 65850.6 of the California Government Code, administrative collocation requires a nondiscretionary approval when all of necessary circumstances and conditions set forth under Section 65850.6 of the California Government Code are met. Further, a nondiscretionary approval shall be issued for a collocation when the collocation is consistent with Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 and any Federal Communications Commission regulations or orders issued to implement that Act.

"Alternative Siting Structure" means a building, structure or improvement (usually preexisting) that is structurally and legally capable of serving as a siting platform for certain wireless transmission devices and certain accessory equipment notwithstanding the fact that the support of such systems is secondary and

subordinate to the primary purpose, design and legal use of the building, structure or improvement. "Alternative siting structures" include, but are not necessarily limited to, utility poles, flag poles, light standards, water tanks, buildings, and design features incorporated into buildings which are capable of concealing and/or camouflaging a wireless transmission device and related accessory equipment from public view. "Alternative Siting Structures" do not include "support structures" as defined herein.

"Ancillary Use" means a use that is a secondary or subordinate use to a primary use of a real property parcel.

"Antenna" means and refers to a type of wireless transmission device composed of any system of wires, poles, rods, towers, whips, reflecting discs, dishes or similar equipment or devices used to transmit and/or receive electromagnetic waves, including, but not limited to, radio frequency signals, for the purpose of conveying telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. "Antenna" includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support all of which elements are deemed to be part of the "antenna" and shall include, but not be limited to:

1.

"Antenna - Directional:" (also known as "panel" antenna) which transmits and/or receives radio frequency signals in a directional pattern of less than three hundred sixty (360) degrees;

2.

"Antenna - Facade-mounted" which is any antenna directly attached or affixed to the elevation of a building, tank, tower or other structure;

3.

"Antenna - Flush-mounted" which is mounted to a structure which does not project above the facade to which it is mounted;

4.

"Antenna - Roof-mounted" which is mounted to the roof of a building or similar structure;

5.

"Antenna - Ground-mounted" which is any antenna with its base placed directly on the ground or mounted to a pole, lattice tower or other freestanding support structure specifically constructed for the purpose of supporting the antenna;

6.

"Antenna - Omni Directional" which transmits and/or receives radio frequency signals in a three hundred sixty (360)-degree radial pattern, including, but not limited to, any antenna designed to receive video programming services via multipoint distribution services;

7.

"Antenna - Parabolic" (also known as a "satellite dish antenna") which is any device incorporating a reflective surface that is solid, open mesh, or a bar configuration that is shallow dish, cone, horn, bowl or cornucopia shaped and is used to transmit and/or receive electromagnetic or radio frequency communication signs [signals] in a specific directional pattern;

8.

"Antenna - Portable" which is any device used to transmit and/or receive electromagnetic or radio frequency communications signals in a specific directional pattern, located on a portable or movable base designed to be placed either for temporary or long-term use at a given site.

"Applicant(s)" means and refers to any person(s) who, in accordance with the approval procedures set forth under this section, applies for authorization:

1.

To place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the City; or

2.

Collocate an additional antenna or other additional wireless transmission device upon a preexisting support structure or alternative siting structure already containing one or more antenna or other wireless transmission devices.

"City Council" means the governing body of the City organized pursuant to Title 2, Chapter 2.04 (City Council) of the Rosemead Municipal Code.

"Collocate", "Collocation" or "Collocating" means and refers to the act of placing, affixing, attaching, mounting, constructing, erecting, and/or installing:

1.

An additional antenna or other additional wireless transmission device, including related accessory equipment, upon a preexisting support structure already containing one or more antennas, wireless transmission devices and/or accessory equipment;

2.

An additional antenna or other additional wireless transmission device, including related accessory equipment, upon an alternative siting structure already containing one or more antennas, wireless transmission devices and/or related accessory equipment; or

3.

An additional wireless facility upon a single real property parcel already containing a wireless facility or wireless transmission device, and related support structures, and/or accessory equipment.

"Community Development Director" means the Community Development Director for the Rosemead Planning Division or designee.

"De Minimis Level," when used in reference to the geographic scope of an existing or remaining gap in personal wireless service network coverage for a personal wireless service provider, necessarily refers to a level of coverage that is less than one hundred (100) percent seamless coverage, but generally no greater than a small number of isolated dead spots or other small holes in coverage within a greater service area. Where coverage holes are large or frequent in number and size, and also extend to the interior of buildings in urban areas or to a significant number of residences in well-populated areas, such gaps in coverage shall not be considered to be of a de minimis level.

"Dead Spot(s)" shall have the same meaning as set forth under Section 22.99 of Title 47 of the Code of Federal Regulations which defines "dead spots" as small areas within a service area where service is presumed notwithstanding the fact that field strength is lower than the minimum level for reliable service.

"Fixed Wireless Service" means any service providing radio communication to or from antenna structures at fixed and specified locations which are not designed to be moved during operation and which offers the ability to access or receive communication from the public switched telephone network.

"Federal Communications Commission" or "FCC" means that certain administrative subdivision of the federal government of the United States of America which is generally responsible for the regulation of telecommunications in the United States of America.

"Guyed Structure" means and refers to a variety of support structure consisting of a single truss assembly composed of sections with bracing incorporated. The sections of the "guyed structure" are attached to each other, and the assembly is attached to a foundation and supported by a series of wires that are connected to anchors placed in the ground or on a building.

"Lattice Tower" means and refers to a variety of support structure consisting of vertical and horizontal supports with multiple legs and cross-bracing and metal crossed strips or bars.

"Monopole" means and refers to a variety of support structure generally consisting of a single pole or shaft designed to support one or more antennas or other wireless transmission devices.

"Monopoles" are usually composed of two or more hollow sections that are in turn attached to a foundation and such structures must be designed to support themselves without the use of guy wires or other stabilization devices. The term "monopole" as defined herein does not include lattice towers.

"Person" means a natural person or a business entity or organization, other than a public agency, including a corporation, partnership, limited liability company, proprietorship, joint venture, association, cooperative, estate, or trust.

"Personal Wireless Services" as used in this section shall have the same meaning as applied to the same term under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(i)) which includes "commercial mobile services", "unlicensed wireless services", and "common carrier wireless exchange access services". By way of example and not limitation, "commercial mobile services" include federally licensed wireless telecommunications service such as cellular services, personal communications

services ("PCS"), specialized mobile radio services ("SMR"), enhanced specialized mobile radio services ("ESMR"), paging and like services that may be developed in the future.

"Personal Wireless Service Facility" or "Personal Wireless Service Facilities" shall have the same meaning as set forth under Section 332 of the Telecommunications Act of 1996 (47 U.S.C. Section 332(c)(7)(C)(ii)).

"Planning Commission" means the City Planning Commission for the City organized pursuant to Chapter 2.28 of the Rosemead Municipal Code.

"Property Owner" means and refers to the person(s) who own(s) the real property parcel upon which a wireless facility, wireless transmission device, support structure or accessory equipment is or is proposed to be sited.

"Satellite Dish Antenna" means any parabolic (bowl-shaped) antenna which:

1.

Has a diameter greater than two (2) feet;

2.

Is designed to receive satellite transmissions;

3.

Is incapable of transmitting electromagnetic waves, including, but not limited to, radio frequency signals; and

4.

Is external to or attached to the exterior of any building.

"School District" means the Rosemead School District, the El Monte Union High School District, the Garvey School District and the Montebello Unified School District. The term "school district" does not include any other variety of school district or like entity established or organized under the laws of the State of California, including, but not limited to, any community college district.

"Stealth Facility" or "Stealth Facilities" means and refers to a type of wireless facility or wireless transmission device which is disguised to appear as another natural or artificial object that is prevalent in the surrounding environment or which is architecturally integrated into a building or other concealing structure or improvement. "Stealth facilities" generally include camouflaged structures such as monopalms, monopines or any other variety of monopole-supported wireless facilities designed to look like a tree.

"Stealth facilities" may also include wireless facilities or wireless transmission devices, inclusive of accessory equipment that are integrated into existing alternative siting structures such as flag poles or light standards or which are integrated within design features of buildings such as church steeples, parapets, faux chimneys, or other similar concealing design features.

"Support Structure" or "Support Structures" means a structure designed to support antenna(s) or other wireless transmission devices to facilitate the transmitting and/or receiving of radio frequency signals.

Support structures include, but are not limited to, masts, monopoles, guyed structures, lattice towers, and other like structures used to support wireless transmission devices. The term "support structure" does not include alternative siting structures as defined herein.

"Wireless Facility" or "Wireless Facilities" means and includes:

1.

All "personal wireless service facilities," all "wireless telecommunications facilities" and all "wireless telecommunications collocation facilities" as defined herein; and

2.

Any single combination of wireless transmission devices, related accessory equipment and/or related support structures used in conjunction with one another at a specific location within a single real property parcel for the purpose of providing wireless services as defined herein.

"Wireless Facility Owner" or "Wireless Facilities Owner" means and refers to the person who owns a wireless facility, wireless transmission device, support structure and/or accessory equipment sited within the City.

"Wireless Service(s)" means any type of "personal wireless services," "fixed wireless service," "wireless video service" as the same are defined herein or any other variety of wireless service involving the conveyance of telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like by means of wireless transmission devices.

"Wireless Service Provider" means any person who provides wireless services as defined herein or who otherwise owns, leases, and/or operates a wireless facility or a wireless transmission device within the City.

"Wireless Telecommunications Facility" or "Wireless Telecommunications Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code.

"Wireless Telecommunications Collocation Facility" or "Wireless Telecommunications Collocation Facilities" shall have the same meaning as set forth under Section 65850.6 of the California Government Code.

"Wireless Transmission Device" or "Wireless Transmission Devices" means any apparatus or device (excluding support structures or accessory equipment) designed for the transmitting and/or receiving of radio frequency signals or other electromagnetic wave signals which convey telephonic communications, video transmissions or communications, written communications, radio communications, signs, signals, pictures and the like. Wireless transmission devices include antennas as defined herein.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.030 - Applicability.

This section applies to the placement, affixing, attachment, mounting, construction, erection, installation, collocation, development, use, operation and maintenance and modification of wireless facilities, wireless transmission devices, support structures and related accessory equipment as the same are defined herein.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

The following uses shall be exempt from the provisions of this section:

A.

Any satellite dish antenna as defined under Section 17.54.020 (Definitions);

B.

Any satellite antenna that is one meter (39.37 inches) or less in diameter and is designed to receive direct, but not transmit, broadcast satellite service, including direct-to-home satellite service, as defined under Section 205 of Title 47 of the United States Code of Federal Regulations;

C.

Any antenna structure designed to receive, but not transmit, over-the-air UHF and/or VHF television broadcast transmission;

D.

Any antenna structure that is designed to receive, but not transmit, over-the-air AM and/or FM radio broadcast;

E.

Any antenna used by authorized amateur radio stations licensed by the Federal Communications Commission; or

F.

Public safety communications facilities owned and operated by the City or the County.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Wireless Facilities and Wireless Transmission Devices. No person may place, affix, attach, mount, construct, erect, install, develop, use, operate and maintain, or modify a wireless facility, wireless transmission device, support structure and/or accessory equipment within the City without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation may be allowed as approved in subsection C. of this Section.

B.

Collocation - General. No person may collocate a wireless facility or wireless transmission device, including related accessory equipment, without a conditional use permit approved by the Planning Commission, or the City Council in the course of an appeal, following a noticed public hearing on the matter. Notwithstanding the foregoing, administrative collocation is allowed as approved in subsection C. of this Section.

C.

Administrative Collocation. If, following the submission of a completed application form and all required materials set forth under Section 17.54.060 (Application Submission Requirements), the Community Development Director determines that a proposed collocation qualifies as an "administrative collocation" as defined herein, such proposal shall not require a conditional use permit but shall be approved by the Community Development Director through the issuance of an administrative collocation permit. The foregoing notwithstanding, an administrative collocation approval shall be subordinate and subject to the conditions of approval associated with the wireless telecommunications collocation facility to which it relates and administrative collocation shall not defeat the existing concealment elements of the facility to which it relates or otherwise violate or be inconsistent with the conditions associated with the prior approval of the facility to which it relates (unless the inconsistency does not exceed the "substantial change" thresholds identified in Federal Communications Commission regulations or orders). Also, the life of an administrative collocation approval may not exceed the life of the underlying conditional use permit or other underlying discretionary authorization corresponding to the wireless telecommunications collocation facility upon which the proposed wireless transmission device and corresponding accessory equipment will be placed or installed.

D.

Pre-approved Locations.

1.

The City may approve by resolution, following a duly noticed public hearing, a list of sites which may be located on public property or within the public right-of-way and which are approved for wireless facilities, wireless transmission devices, related accessory equipment. Each site shall include a description of permissible development and design characteristics, including, but not limited to, maximum height requirements. The City shall make said resolution available to all persons upon request. The approved list of locations may be subsequently amended by resolution from time to time.

2.

All facilities located on a public property site which is pre-approved in accordance with subsection D.1. of this Section following the effective date hereof must obtain administrative approval from the Community Development Director in accordance with administrative collocation requirements of Section 17.54.090 of this Title, and any additional or different requirements made applicable by this Section.

3.

All leases of public property which are pre-approved in accordance with subsection D.1. of this Section shall be nonexclusive. The operator of a facility located on such public property shall make the supporting

structure of the facility available to any other applicant wishing to collocate to the extent technically feasible.

4.

Requirement for Separate Lease Agreement. Any lease of City-owned property for the purpose of erecting a wireless facility, wireless transmission device and any related support structures and accessory equipment shall require a negotiated lease agreement or other written license granted by the City. The existence of a lease agreement or license shall not relieve applicant of any obligations to obtain appropriate permits as required by this Code.

E.

Coordinated Antenna Plans.

1.

Requirements. Any wireless service provider may apply for Planning Commission approval of a Coordinated Antenna Plan (CAP) to obtain preapproval for the use of proposed and potential future locations for wireless facilities, subject to the following requirements:

a.

The CAP shall specify permissible development and design characteristics for identified future locations, including, but not limited to, maximum height and size, type of supporting structure, and type of antenna.

b.

The CAP shall identify potential future locations by lot and parcel number.

c.

Applications for a CAP may be considered by the Planning Commission after holding a noticed public hearing thereon in accordance with Article 6 of this Title.

d.

Following Planning Commission approval of a CAP, each wireless facility that complies with the specifications of the CAP may be approved subject to an administrative collocation permit in accordance with the requirements set forth in this Section. Except for the type of permit, nothing in this Section shall relieve the applicant of the obligation to comply with the regulations, requirements, and guidelines as required by this Section, and the Community Development Director may deny an administrative collocation permit, or place conditions upon its approval, notwithstanding prior approval of a CAP.

e.

Any conditions placed on the approval of an administrative collocation permit for a facility which complies with the CAP shall not be inconsistent with the specifications of the CAP.

f.

Notwithstanding any provision in Section 17.54.060 to the contrary, the CAP shall not vest any permanent rights to use the preapproved locations for facilities beyond the date of expiration. Unless extended, the CAP shall expire twelve (12) months following its approval by the Planning Commission regardless of whether any administrative collocation permit has been granted pursuant to the CAP. The Planning Commission may, at its discretion, after written request therefore, extend the term of the CAP for up to six additional months; no CAP shall continue longer than eighteen (18) months.

2.

Findings. The Planning Commission shall approve a CAP based upon the following findings:

a.

The intent and purpose of this section, and all its regulations and requirements will be preserved.

b.

Any future facility complying with the specifications imposed by the CAP will not have a significant adverse impact on the subject site or surrounding community beyond those impacts considered in the approval of the CAP.

c.

Any future facilities within the specifications of the CAP will be consistent with the general plan and the uses permitted in this Zoning Code, subject to subsequent approval of an administrative collocation permit.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Applications for a conditional use permit under this Section, a Coordinated Antenna Plan, or for the approval of an administrative collocation shall be submitted to the Rosemead Planning Division on a form approved by the Community Development Director.

B.

The following information and documentation shall be required for all submittals:

1.

Application Form. Each applicant shall submit a completed application form which must include the following information:

a.

Applicant Information. The name, business address, telephone number, fax number and, if available, e-mail address of the applicant or co-applicants. The following persons must be identified as applicants/coapplicants on any application form:

The property owner;

2)

The wireless service provider who will use the proposed wireless facility, wireless transmission device and any related support structures and accessory equipment; and

3)

The wireless facility owner, if different from either the property owner or the wireless service provider.

b.

Project Location. The street address and assessor's parcel number of the real property where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located.

c.

Property Easements. The location and description of all easements, including public utility easements, encumbering the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located.

d.

Coverage and Other Service Objectives. The applicant shall include the following information in the application form:

1)

A general summary of those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);

2)

A general summary of the nature, location and geographic boundaries of any purported gap in network coverage and a summary of the scope of such a gap at various locations within its identified geographic boundaries (e.g., whether and where it extends to in-building coverage, in-vehicle coverage and/or outdoor coverage);

3)

A general summary of the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth facility designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

4)

A general explanation as to why specific circumstances, conditions or other factors render each of the alternatives identified pursuant to subsection A.1.(d)3) of this Section, above, incapable of reducing any purported coverage gap to a de minimis level.

e.

Project Description. The applicant shall include the following information in the application form:

1)

A written description of the real property parcel where the proposed wireless facility, wireless transmission device, support structure, and/or accessory equipment, including parcel size, width, depth, the location of mature trees, zoning designation and current use;

2)

The type of wireless facility and/or the type, number and dimensions of wireless transmission devices, support structures, and/or accessory equipment proposed;

3)

The proposed height of any proposed support structure or the height of any existing support structure upon which any wireless transmission device and/or accessory equipment may be placed;

4)

The specific location within the real property parcel of any proposed wireless facility and any proposed wireless transmission devices, support structures or accessory equipment;

5)

The proposed location of all above-ground and below-ground wiring and connection cables;

6)

A detailed description of the design, shape, color(s), and material composition of any support structures, accessory equipment and antennas or other wireless transmission devices included as part of the proposal;

7)

The design and screening treatment selected for the proposal;

8)

Whether any proposed support structures or any existing support structure is structurally suitable and capable of accommodating (i.e., collocating) additional antennas or other wireless transmission devices as well as accessory equipment;

Whether the proposed wireless facility qualifies as an administrative collocation as defined herein.

f.

Maintenance and Monitoring Plan. The applicant shall include within any completed application form a description of the anticipated maintenance and monitoring program for the wireless facility, wireless transmission devices, accessory equipment, or support structures proposed.

g.

Noise and Acoustical Information. An inventory and description of any proposed noise-generating wireless transmission devices and accessory equipment, including, but not limited, to air conditioning units and back-up generators. The description shall set forth noise and acoustical information including anticipated decibel levels of noise which would be produced.

h.

Disclosure of Removal Costs. For the purpose of establishing the appropriate amount of any performance bond or other security required under this chapter for the removal of any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment, the applicant shall state the reasonable estimated cost of removing any approved wireless facility, wireless transmission device and related support structures and/or accessory equipment. The applicant shall supplement the application with substantial evidence that corroborates its removal cost estimate.

i.

Administrative Collocation. If the applicant contends a proposed collocation qualifies as an administrative collocation as defined herein, the applicant shall also include a detailed explanation supported by substantial evidence which demonstrates compliance with all requirements set forth under Section 65850.6 of the California Government Code, the existence of all necessary circumstances and conditions set forth under the same, and substantial evidence showing that the proposed facility will not "substantially change the physical dimensions" of the existing facility as that term has been defined and explained by Federal Communications Commission regulations and orders. To qualify as an administrative collocation, this additional information must be included at the time an application is submitted and approved.

2.

Site Plan. Along with a completed application, each applicant shall submit a site plan drawn to scale which depicts and identifies:

a.

The precise location within a real property parcel of all proposed wireless facilities, wireless transmission devices, support structures and/or accessory equipment;

b.

All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks

situated upon the real property parcel where the wireless facility, wireless transmission device, support structures and/or accessory equipment will be located, including, for proposed administrative collocations, a depiction of the existing wireless facility for which collocation is proposed in both "before" and "after" conditions based upon all proposed collocation equipment; and

c.

All existing structures, utilities, lighting, signage, walls, fences, trees, landscaped areas, and other significant natural features, walkways, driveways, parking areas, streets, alleys, easements, and setbacks situated upon real property parcels immediately adjacent to the subject real property parcel.

3.

Elevations and Section Drawings. Along with a completed application form, each applicant shall submit elevations and section drawings of the proposed wireless facility and/or all proposed wireless transmission devices, support structures, and accessory equipment. The applicant shall also submit composite elevations from the street of all buildings, structures and other improvements on-site.

4.

Landscaping Plan. Along with a completed application form, each applicant shall submit a landscape, screening and landscape irrigation plan. Such plan shall identify and describe existing surrounding landscaping and landscape vegetation (i.e., trees, shrubs and plants); identify and describe vegetation to be removed; and depict and describe in terms of type, size and location proposed plantings of new landscape vegetation. Such plan shall demonstrate how the landscaping and landscape vegetation shall be designed and configured to screen wireless facilities, wireless transmission devices, support structures, and accessory equipment from public view or better camouflage stealth-designed facilities, devices and equipment. Such plan shall set forth and describe an irrigation plan for any existing and proposed landscaping surrounding the proposed facilities, devices and equipment and shall demonstrate efforts to incorporate aesthetically compatible drought tolerant varieties of vegetation. Such plan shall also set forth a plan for the preservation of existing, un-removed vegetation during construction and installation phases. The landscape plan shall also demonstrate the availability of any required irrigation facilities on-site. The requirement for a landscape, screening and landscape irrigation plan shall not be required for roof-mounted wireless transmission devices and accessory equipment, except that the applicant shall still be required to submit a plan demonstrating and depicting any screening of such equipment pursuant to this chapter.

5.

Visual Analysis. Along with a completed application form, each applicant shall submit a visual impact analysis including scaled elevation diagrams which:

a.

Demonstrates the potential visual impacts of any proposed wireless facility, wireless transmission device, support structure, or accessory equipment;

b.

Includes before and after photo simulations from various locations and/or angles from which the public would typically view the site and includes a map depicting where the photos were taken; and

c.

Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize the visibility are not proposed, such approaches to reduce the visibility of the installation would not be feasible or effective.

The Community Development Director may require a field mock-up to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.

6.

Justification Report. Along with a completed application form, the applicant shall also submit a justification report which:

a.

Describes and explains in detail those specific service objectives which the applicant seeks to attain or address through its proposal, (e.g., whether it is to add additional network capacity; increase existing signal strength; or provide new radio frequency coverage);

b.

Describes and depicts the nature, location and geographic boundaries of any purported gap in network coverage and the applicant's corresponding search ring;

c.

Describes and depicts the scope of any purported gap in network coverage at various locations within its identified geographic boundaries (e.g., whether and where the gap extends to in-building coverage, invehicle coverage and/or outdoor coverage);

d.

Includes justification maps which identify the applicant's search ring, the location of alternative sites considered, the location of the proposed site, all existing and approved wireless facilities and/or wireless transmission devices within a one-mile radius of the proposed site and collocation opportunities or alternative site structure opportunities within the search ring;

e.

Demonstrates, describes and explains in detail the applicant's good faith efforts to identify, study, evaluate and consider other less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure designs, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

f.

Explains how specifically identified circumstances, physical conditions or other factors render each of the other alternatives identified, studied, evaluated and considered incapable of reducing any purported coverage gap to a de minimis level;

g.

Explains why and how the proposal for which the applicant seeks approval is the least intrusive means in terms of feasible technology, system design, aesthetic design, size, scale and location for reducing any purported coverage gap to a de minimis level.

7.

Propagation and Coverage Reports. The justification report shall be accompanied by a radio frequency engineer's propagation and coverage report and corresponding maps which identify, describe and depict the location and geographic scope of any purported gap in network coverage; and the nature and scope of the coverage gap (e.g., whether it extends to in-door, in-vehicle and/or outdoor service and/or whether it is the result of inadequate network capacity). Signal level indicators on maps must show specific power levels on the map in colors easily distinguishable from the base paper or transparency layer and must be adequately identifiable by radio frequency (RF) level in dBm and map color or gradient in the map legend.

The applicant shall submit maps depicting existing coverage; the coverage provided by the proposal excluding existing coverage; and existing coverage combined with the coverage provided by the proposal. The propagation and coverage report and corresponding maps shall be prepared by a qualified and duly licensed radio frequency engineer.

8.

Narrative Description and Map of Other Facilities. Along with a completed application form, each applicant shall submit a narrative description and map disclosing and depicting the exact location and type of all existing wireless facilities and wireless transmission devices, including support structures, and accessory equipment owned and/or used by the applicant to provide coverage within any portion of the City whether or not such facilities, devices, structures or equipment are located within the City or outside of the City.

9.

FCC and CPUC Approvals. Along with a completed application form, each applicant shall submit true and correct copies of all valid and applicable licenses, permits or other approvals required by the FCC or the California Public Utilities Commission ("CPUC") for the use, operation and maintenance, construction and placement of the wireless facility, wireless transmission device(s), support structure(s), and accessory equipment for which approval is sought. If no such licenses, permits or other approvals are required of the applicant by the FCC or the CPUC, the applicant shall explain and declare under penalty of perjury the reason why such licenses, permits or other approvals are not required.

10.

Radio Frequency Emissions and Signal Interference Analysis. Along with a completed application form, each applicant shall submit a written analysis prepared by a qualified and duly licensed radio frequency

engineer which:

a.

Determines and states the power rating for all wireless transmission devices and accessory equipment included in the applicant's proposal;

b.

Provides a description of the specific services that the applicant proposes to offer or provide in conjunction with the proposed wireless facility or wireless transmission device;

c.

Verifies that the proposal, including all wireless transmission devices and accessory equipment conform to the non-ionizing electromagnetic radiation ("NIER") standards adopted by the FCC;

d.

Confirms that the use and operation of all proposed wireless transmission devices and accessory equipment will not exceed adopted FCC standards, including, but not limited to, FCC requirements that power densities in inhabited areas not exceed the FCC's Maximum Permissible Exposure ("MPE") limits for electric and magnetic field strength and power density for transmitters. Such analysis shall address both the individual impact of any proposed wireless transmission device and accessory equipment, as well as their cumulative impact, if collocated upon a single support structure or alternative siting structure; if placed upon a real property parcel already containing a wireless facility, wireless transmission devices, and/or accessory equipment; or if placed upon a real property parcel immediately adjacent to another real property parcel containing a wireless facility, wireless transmission device, and/or accessory equipment;

e.

Describes all appropriate operating parameters and maintenance requirements necessary to comply with all applicable FCC standards, including radio frequency emissions standards and standards relating to signal interference with consumer electronic products and/or public safety communications;

f.

Confirms that all proposed wireless transmission devices and accessory equipment shall be operated in a manner that complies with FCC regulations regarding radio frequency emissions and standards relating to signal interference with consumer electronic products and/or public safety communications;

g.

In addition its technical narrative and discussion of the issues to be addressed, the analysis shall also include a nontechnical executive summary presented in a concise and easy-to-read format that clearly explains in a nontechnical manner the current site conditions, conditions with the proposed wireless facility, wireless transmission devices and/or accessory equipment included and FCC thresholds as they relate to all applicable emissions standards.

11.

Collocation Agreement. Each application proposing the construction of a new monopole, lattice tower, or guyed structure shall include a signed statement whereby the applicant agrees, as a condition to any approval, to permit the collocation upon the support structure to accommodate additional wireless transmission devices and accessory equipment. The application shall also include a signed statement whereby the applicant agrees, as a condition of any approval, to refrain from entering into any exclusive agreement(s) or arrangement(s) that would prevent the type of collocation contemplated under this subsection.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.070 - Approval procedures—Required findings.

A.

Investigation. Following the submission of a completed application form, as well as the submission of all documents and materials required under Section 17.54.060, the Community Development Director shall undertake a review and evaluation of the applicant's proposal for the purpose of preparing a written report to the Planning Commission which evaluates the proposal's compliance with the procedural requirements and standard conditions of this chapter, as well as its consistency with the goals, standards, and objectives of this chapter and the Rosemead General Plan. The report will evaluate the applicant's efforts to identify, study, and consider alternatives and may recommend modifications and/or the addition of conditions to be attached to the applicant's proposal as a condition of approval. The report shall also contain a

recommendation as to the disposition of the proposal for which conditional use permit approval is sought. If the applicant proposes and the Community Development Director determines that an administrative collocation under this Chapter is proper for the proposal, the application shall be considered under Section 17.54.090 and not this Section.

B.

Public Hearing Notice. The procedure set forth in Chapter 17.156 of this Title shall constitute the procedure for conducting public hearings on a conditional use permit for a wireless facility or wireless transmission devices, and any accessory equipment except as otherwise specifically provided in this chapter.

C.

Findings Necessary for Approval. No conditional use permit shall be approved unless the Planning Commission, or the City Council in the course of an appeal, makes all of the following findings supported by substantial evidence:

1.

The applicant has submitted all applicable information, documentation and materials required under Section 17.54.060;

The wireless facility, wireless transmission devices, and any accessory equipment to be approved satisfies all applicable Federal and State requirements and standards as to the placement, construction, and design, as well as all Federal and State limits and standards concerning radio frequency emissions, signal interference with consumer electronic products and/or public safety communications, and other applicable operating and design standards;

3.

The proposal to be approved complies with all mandatory requirements and restrictions of this chapter; all applicable building and construction requirements of Title 15 (Buildings and Construction) of the Rosemead Municipal Code and applicable fire safety and fire prevention requirements set forth under the Rosemead Municipal Code, County of Los Angeles Fire Code, and all applicable state fire safety and prevention laws;

4.

The applicant has made a good faith effort to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size of proposal; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or placement upon alternative siting structures);

5.

In comparison to other identified, studied, and evaluated alternatives that are equally if not more capable of addressing the applicant's service objectives, the proposal to be approved is the most consistent with the standards, goals, and objectives of this chapter and the Rosemead General Plan;

With respect to proposals for personal wireless facilities as defined herein which are intended to address gaps in network coverage, an identified alternative shall be considered equally capable of addressing the applicant's service objectives in comparison to the applicant's requested proposal, if such an alternative is capable of reducing the purported gap in network coverage to a de minimis level.

D.

Findings Necessary for Denial of Personal Wireless Service Facilities. Notwithstanding any other findings made in support of the denial of a conditional use permit under this chapter, neither the Planning Commission nor the City Council in the course of an appeal, may deny a conditional use permit unless one or more of the following additional findings is made in writing:

1.

The applicant has failed to present all of the information, documentation or material required under Section 17.54.060, above; or

2.

Substantial evidence presented as part of the record fails to establish the existence of a significant gap in personal wireless service coverage within the personal wireless service network of a personal wireless service provider applicant or co-applicant; or

3.

Notwithstanding the existence of a significant gap in personal wireless service coverage within the applicant's coverage network, substantial evidence presented upon the record fails to establish that of all reasonably feasible alternatives capable of reducing the coverage gap to a de minimis level, the proposal for which a conditional use permit is sought is the least intrusive upon the goals and standards of this chapter and the Rosemead General Plan; or

4.

Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device or accessory equipment is capable of satisfying basic FCC requirements, limits or restrictions concerning radio frequency emissions or signal interference with consumer electronic products and/or public safety communications even with modifications and/or added conditions acceptable to the applicant; or

5.

Substantial evidence presented as part of the record fails to establish that any proposed wireless facility, wireless transmission device, support structure or accessory equipment is capable of satisfying applicable building, construction, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the county of Los Angeles or the state of California even with modifications and/or added conditions acceptable to the applicant.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.080 - Prohibited grounds for denial.

Notwithstanding any other provisions of this Section, the denial of a conditional use permit may not be based on the environmental effects of radio frequency emissions for personal wireless facilities that comply with FCC radio frequency emissions standards, or other effects arising in whole or in part from those environmental effects.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.090 - Requirements for administrative collocation.

Consistent with subsection (a) of Section 65850.6 of the California Government Code, the Community Development Director, or the City Manager in the course of an appeal, shall administratively approve as a permitted use any proposed collocation which qualifies as an administrative collocation in the reasonable judgment of the Community Development Director based on the information submitted pursuant to Section 17.54.060 of this chapter. Included as part of the necessary requirements for an administrative collocation, is the requirement that the proposed collocation satisfies all modifications or conditions required for collocation with the corresponding wireless telecommunications collocation facility as defined herein. Further included in the necessary requirements is the requirement that the proposed collocation not exceed the Federal Communication Commission's "substantial change" thresholds, including but not limited to the defeating of existing concealment elements of the proposed collocation site. If the Community Development Director cannot conclude that the "substantial change" thresholds are met, the application

shall be processed as a Conditional Use Permit and referred to the Planning Commission for findings consistent with Section 17.54.070.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

Each applicant is responsible for presenting substantial evidence upon the record that adequately supports the findings and determinations necessary for the approval of a conditional use permit or that confirms the conditions necessary to authorize the issuance of an administrative collocation permit under this chapter or which adequately rebuts any findings in favor of a denial for the same. With respect to conditional use permit approvals, substantial evidence includes, but is not limited to, substantial evidence which:

A.

Identifies and establishes the location and geographic boundaries of any purported gap in network coverage;

B.

Identifies and establishes the nature of a purported gap in network coverage (e.g., whether it is the result of inadequate signal strength or inadequate service capacity);

C.

Identifies and establishes the scope of any purported coverage gap at various locations with the geographic boundaries of the gap (e.g., where it is limited to in-building coverage, in-vehicle coverage and outdoor coverage etc.);

D.

Demonstrates, details, and explains the applicant's good faith efforts to identify, study and evaluate less intrusive alternatives, including the use of less intrusive technologies and equipment; alternative system designs; alternative siting structure types; alternative siting structure design, including stealth designs; alternative scale or size; and alternative siting options (e.g., alternative locations within the search ring, collocation opportunities or location upon alternative siting structures);

E.

Details and explains those specific circumstances, conditions or other factors which render each of the identified alternatives incapable of reducing the purported coverage gap to a de minimis level;

F.

Demonstrates that the proposal complies or, with the addition of modifications or conditions to the proposal, can be made to comply with FCC radio frequency emissions standards or standards relating to signal interference with consumer electronic products and/or public safety communications; and

G.

Demonstrates that any proposed wireless facility, wireless transmission device, support structure or accessory equipment satisfies or, with the addition of modifications or conditions to the proposal, can be made to comply with applicable building, constructions, fire safety or fire prevention standards set forth under Title 15 (Building and Construction) of the Rosemead Municipal Code, the County of Los Angeles or the state of California even with modifications and/or added conditions acceptable to the applicant.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

If an applicant, or any interested party, is dissatisfied with any denial, approval or conditioned approval of a conditional use permit under this chapter, the applicant or interested party may appeal the matter to the City Council by filing an appeal in accordance with the procedures established in Section 17.160.050 of this title. In reviewing the matter on appeal, the City Council shall be required to make the same findings for any denial or approval as would otherwise be required of the Planning Commission.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

If an applicant contends that a request for an administrative collocation was denied or referred to the Planning Commission by the Community Development Director in error, the applicant may appeal the matter to the City Manager by filing an appeal with the City Clerk. Such appeal must be filed within ten (10) calendar days following the Community Development Director issuance of notice that a requested collocation fails to qualify as an administrative collocation or fails to satisfy any other applicable requirements for approval under this chapter. In reviewing the matter on appeal, the City Manager shall be required to make the same determinations as would otherwise be required of the Community Development Director. The decision of the City Manager shall be final.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.130 - General development standards.

A.

Location. The placement or siting of wireless facilities, wireless transmission devices, support structures and accessory equipment shall be subject to the following approval requirements, parameters and preferences:

1.

In order to minimize the unnecessary proliferation of wireless facilities, wireless transmission devices, and related support structures and accessory equipment and in order to promote aesthetic harmony and mitigate, if not eliminate, the potential for visual blight, each applicant in identifying, studying and evaluating alternative placement and siting options and the Planning Commission or City Council in evaluating an applicant's proposal against other identified alternatives capable of addressing applicant's service objectives shall undertake such evaluations subject to the following order of preference starting with the most preferred:

a.

Proposals in which a wireless transmission device and related accessory equipment are collocated upon an already existing monopole-supported wireless facility which qualifies as a stealth facility as defined herein and which is capable of accommodating added devices and equipment.

b.

Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are integrated, camouflaged and concealed within the decorative design features of a building such as the steeple of a church building, parapets, faux chimneys or other similar design feature.

c.

Proposals in which a wireless facility or wireless transmission device and related accessory equipment and support structures are mounted and screened upon the roof of a multi-story industrial or commercial building capable of safely accommodating such facilities, devices, equipment and structures.

d.

Proposals in which an individual wireless transmission device and related accessory equipment is affixed or mounted upon an existing utility pole, lighting pole, light standard or other similar alternative siting structure.

e.

Proposals contemplating the construction of a new monopole structure, with preference given to proposals which qualify as stealth facilities.

f.

Proposals involving the construction of new lattice towers or guyed structures. Where this option is proposed, the applicant shall identify, study, evaluate and pursue designs which camouflage such structures in a manner that promotes aesthetic consistency and harmony with surrounding structures.

g.

Proposal in which a wireless transmission device and related accessory equipment are mounted on the facade of a building, water tower, or other like structure in a manner that does not camouflage, integrate and conceal such devices and equipment within the decorative design features of the building or structure.

2.

Wireless facilities, wireless transmission devices, support structures and accessory equipment are permitted in the following locations:

a.

Real property exclusively owned by the City, a School District as defined herein in fee simple, or by a public utility; or

b.

Property in the M-1 and O-S zones.

c.

Notwithstanding the foregoing or Section 17.54.250, any wireless facilities, wireless transmission devices, support structures or accessory equipment existing as of the effective date of this Code [Ord. No. 892] shall not be deemed to be nonconforming for purposes of collocation.

3.

Except as otherwise authorized under Section 17.54.130A.2.a., any proposal for the construction of a new wireless facility which includes the construction of a support structure shall provide that the new wireless facility be spaced a minimum of one thousand (1,000) feet from any existing wireless facility support structure.

4.

The location of wireless facilities, wireless transmission devices, support structures and/or accessory equipment shall be restricted to developed real property parcels or proposed as part of a larger development project.

5.

The Planning Commission, or the City Council in the course of an appeal, may authorize the location of personal wireless facilities as defined herein at locations otherwise prohibited under Subsections A.1. through A.4. of this Section, above, but only upon a finding supported by substantial evidence presented as part of the record which establishes that:

a.

The applicant has a significant gap in its network coverage; and

b.

The placement of wireless facilities, wireless transmission devices, and related support structures and accessory equipment at a location otherwise prohibited under subsections A.1. through A.4. of this Section, above, is the only means by which the significant gap in network coverage can be reduced to a de minimis level.

Wireless facilities, wireless transmission devices, and related support structures and accessory equipment which satisfy the exception to the general siting prohibitions set forth under subsections A.1. through A.4. of this section, above, must still satisfy all other applicable conditions and findings necessary for conditional use permit approval.

6.

As between possible or competing location proposals, the Community Development Director and the Planning Commission shall encourage proposals that contemplate collocation subject to requirements of

this chapter.

B.

Height. The height of any freestanding wireless facility shall not exceed the height limits of the applicable underlying or overlay zone. All wireless facilities shall be designed to minimum functional height technologically required to address the wireless service providers' service objectives. All wireless facilities, wireless transmission devices, support structures and accessory equipment shall also be subject to the following restrictions as applicable:

1.

Ground-Mounted Facilities. Notwithstanding any other provision of this subsection B. to the contrary, the maximum height of monopoles may not exceed the lesser of the following: sixty (60) feet or the height limit of the applicable underlying or overlay zone;

2.

Roof-Mounted Facilities. Roof-mounted wireless facilities or wireless transmission devices, including support structures and accessory equipment shall not project out more than ten (10) feet above the roofline and shall be set back from the roof edge by a ratio of one foot for each foot of projection above the roofline. A facility shall be exempt from the foregoing requirement if it is mounted within an existing enclosed roof structure or an architectural feature, such as a parapet wall or similarly designed features so as to integrate and camouflage the wireless facility, wireless transmission device and related support structures and accessory equipment within the structure or building;

3.

Accessory and Support Structures. All wireless facilities, wireless transmission devices, support structures, and accessory equipment shall comply with accessory height requirements for the particular zoning district in which they are located.

C.

Ground-Mounted Facilities - Setback Requirements and Guidelines. Ground-mounted wireless facilities or wireless transmission devices shall comply with the following requirements and guidelines:

1.

Front: Such facilities shall not be permitted in a required front yard setback of any property located in any type of zone within the City, unless otherwise authorized under the terms of a conditional use permit;

2.

Side: Such facilities shall not be permitted within a required side yard setback;

3.

Rear: Such facilities may be located in the rear yard setback of a property at a location that is out of view from the public right-of-way;

4.

Accessory/Support Structures: All such facilities and related support structures shall comply with required setback requirements applicable to the zoning district in which they are located, including variable height requirements in Section 17.08.050 where applicable;

5.

No wireless facility, wireless transmission device or related support structures, and accessory equipment shall extend beyond the property lines.

D.

Screening. The following screening requirements shall apply to all wireless facilities, wireless transmission devices and related support structures, and accessory equipment:

1.

The proposed wireless facility, wireless transmission device, and related support structures, and accessory equipment shall be screened or camouflaged by existing or proposed new topography, vegetation, buildings, or other structures; provided that any such screening or camouflaging measures shall be aesthetically appropriate for and compatible with the existing site and the surrounding area. Wireless facilities, wireless transmission devices, and related support structures, and accessory equipment that are not screened or architecturally integrated on an existing building or structure shall be prohibited.

2.

All screening used in connection with wireless facilities, wireless transmission devices and related support structures, and accessory equipment which are building-mounted shall be aesthetically compatible with the architecture, architectural theme, color, texture, and materials of the building or other structure to which it is mounted.

3.

All fencing shall be designed to resist graffiti vandalism and to facilitate the fast and effective removal of graffiti.

4.

The use or incorporation of chain-link fencing, razor-wire, or sharp points in the screening design of a wireless facility or related support structures is prohibited.

5.

The Planning Commission, or the City Council in the course of an appeal, may waive screening requirements where it determines that such measures are not necessary or aesthetically appropriate given the nature of the proposal.

E.

Accessory Equipment:

1.

Any and all accessory equipment shall be located within a building, an enclosure, or underground vault in a manner that complies with the development standards of the zoning district in which the equipment is located.

2.

If located above ground, accessory equipment shall be screened, camouflaged and/or concealed in a manner that is aesthetically and visually compatible with the architecture and design of surrounding buildings, structures and landscaping and in a manner that hides such equipment from public view or otherwise camouflages and conceals its presence.

3.

If accessory equipment is located outdoors and is in public view, the Planning Commission, where it deems appropriate, may require the applicant to provide a solid masonry block wall, or such other aesthetically compatible material acceptable to the Community Development Director that will screen such equipment from view.

F.

Signs. Wireless facilities shall not display or otherwise bear signs or advertising devices other than certification, warning, or other required seals or signage. Nothing in this subsection shall prohibit the Planning Commission, or the City Council in the course of an appeal, from approving a stealth facility which is camouflaged and disguised as a freestanding sign.

G.

Lighting. Lighting shall not be permitted on facilities unless required as a public safety measure by Federal Aviation Administration (FAA), or other government agencies with superseding jurisdiction over lighting issues. If lighting is required, the facilities shall be designed to minimize glare and light overflow onto neighboring properties.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

The design of wireless facilities, wireless transmission devices and related support structures and accessory equipment shall be subject to the following design standards:

A.

All proposals shall seek to minimize adverse aesthetic and visual impacts to the greatest extent feasible considering technological requirements, placement, screening, camouflage, etc. All proposals shall utilize state of the art stealth technology or stealth design. If no stealth technology or stealth design is proposed, the applicant shall provide a detailed written analysis identifying those factors and conditions which make

the use of stealth technologies and/or stealth designs infeasible, and explaining why such technologies or designs are infeasible.

B.

All proposals shall use the shortest, smallest, least visible wireless transmission devices, support structures, and accessory equipment necessary to accomplish the applicant's service objectives.

C.

All exterior finishes shall be comprised of non-reflective, glare-reducing materials, and shall be painted, screened, or camouflaged to blend aesthetically with the materials and colors of surrounding buildings or structures. Colors chosen shall minimize visibility and match or blend with the primary background.

D.

All proposed monopoles shall be a round shape, slim or tapered in design and shall be of a kind that will permit collocation by other wireless service providers.

E.

Proposals shall minimize and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities, which would result in hazardous conditions, visual blight, or an attractive nuisance.

F.

Wireless transmission devices and related accessory equipment mounted on structures shall be designed as an integral part of the structure and located to minimize visual impact on surrounding properties and rights-of-way.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.150 - Noise.

All wireless facilities, wireless transmission devices, and accessory equipment shall be constructed and operated in such a manner as to minimize the amount of noise impacts to residents of nearby residential properties, the users of recreational areas such as public parks and public open spaces, or the occupants of hospitals and schools. If a wireless facility, wireless transmission device and/or accessory equipment is located within two hundred (200) feet of any of the foregoing types of properties or uses, noise attenuation measures shall be included to reduce noise levels to a level of fifty (50) dBA measured at the property line. Back-up generators shall only be operated during power outages and for testing and maintenance purposes. Testing of such equipment shall not be conducted on weekends or holidays, or between the hours of ten p.m. and seven a.m.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.160 - RF and other emissions requirements.

A.

No individual wireless facility, wireless transmission device, or accessory equipment shall generate at any time electromagnetic frequency radiation or radio frequency radiation in excess of the FCC adopted standards for human exposure, including, but not limited to, the FCC's Maximum Permissible Exposure (MPE) limits for electric and magnetic field strength and power density for transmitters. The foregoing shall also apply to any combination of wireless facilities located on the same real property parcel or any combination of wireless transmission devices and accessory equipment that are collocated or otherwise located upon the same real property parcel.

B.

All wireless facilities, wireless transmission devices, and accessory equipment shall comply with all rules, regulations and standards, including compliance with non-ionizing electromagnetic radiation (NIER) standards, set by the FCC and/or any other agency of the federal government with the authority to regulate such facilities. If such rules, standards and/or regulations are changed, the recipient(s)/holder(s) of a conditional use permit or administrative collocation approval issued pursuant to this chapter shall be jointly responsible for bringing such facilities, devices and equipment into compliance with such revised rules, standards and/or regulations within six months of the effective date of such rule, standard and/or regulation, unless a more stringent compliance schedule is mandated by the controlling agency.

C.

If any wireless facility, wireless transmission device or accessory equipment is found to be operating in such a manner as to be hazardous to the health and safety of persons working or residing near such facilities, devices or equipment, the owner(s) and operator(s) of the hazardous facility, device or equipment jointly with the owner of the real property parcel where it is located shall be responsible for correcting the hazardous condition. In no case shall a wireless facility, wireless transmission device, or accessory equipment remain in operation if it is found to create an imminent risk of danger to human life or property. The foregoing notwithstanding, no wireless facility, wireless transmission device, or accessory equipment that is found to be in compliance with all current EMF or RF emissions standards established by the FCC or any other federal agency with jurisdiction over the matter shall be deemed hazardous or dangerous solely because of the fact that it emits EMF radiation or RF radiation.

D.

For the protection of emergency response personnel, all wireless facilities, wireless transmission devices, and accessory equipment shall have a main breaker switch or other similar means of disconnecting electrical power at the site. For collocation sites, a single main switch shall be installed to disconnect electrical power for all carriers at the site in the event of an emergency.

E.

Wireless facilities, wireless transmission devices, and accessory equipment shall not be operated in any manner that would cause interference with public safety communication systems or consumer electronics products.

F.

To ensure all new or modified wireless facilities, wireless transmission devices, and related accessory equipment comply with FCC radio frequency radiation exposure standards before regular operations commence, the applicant shall conduct a post-construction or post-modification NIER/radio frequency radiation exposure test. Compliance with FCC standards shall be demonstrated by a written certification signed under penalty of perjury by a qualified and duly licensed radio frequency engineer. A final building permit clearance will not be issued until the wireless facility, wireless transmission device, and accessory equipment are certified to be in compliance with FCC operating and emissions standards. The recipient(s)/holder(s) of any approval given under this chapter shall have sixty (60) calendar days to bring the non-compliant wireless facility, wireless transmission device, and accessory equipment into compliance. If such facilities, devices or equipment cannot be brought into compliance within sixty (60) calendar days from the completion of construction or completion of modification, such failure shall constitute grounds for the revocation of a conditional use permit or administrative collocation approval.

G.

To verify ongoing compliance with FCC operating and emissions standards, the recipient(s)/holders(s) of a conditional use permit or administrative collocation approval shall submit updated monitoring information certifying ongoing compliance with FCC operating and emissions standards. Such updated monitoring information shall be submitted on an annual basis within thirty (30) calendar days from anniversary date of approval and shall be prepared by a qualified and duly licensed radio frequency engineer. If such information is not timely provided, the conditional use permit or administrative collocation authorization may be revoked. If at any time the facility proves to be in noncompliance with FCC operating and emissions standards, the noncompliant wireless facility, wireless transmission device or accessory equipment shall cease all operating. The recipient(s)/holder(s) of the conditional use permit or administrative collocation approval shall have sixty (60) calendar days from the date of such disclosure to the City to bring the noncompliant facility, device or equipment into compliance. If the facility, device or equipment remains noncompliant on the sixty-first day the City may revoke the conditional use permit or administrative collocation approval for the noncompliant facility, device or equipment.

H.

Any violation of this section is hereby deemed a public nuisance and shall constitute grounds for revocation of any permits and/or approvals granted under this chapter. Such violations shall also constitute grounds for abatement and removal of noncompliant facilities, devices and/or equipment by the City at the property owner's expense.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.170 - Performance bond.

As a condition of approval for any conditional use permit or any administrative collocation under this chapter, the applicant shall be required to procure a performance bond in an amount equal to the reasonably estimated cost associated with removing the wireless facility, wireless transmission device, and all corresponding support structures and accessory equipment covered under a conditional use permit or administrative collocation authorization.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

All wireless facilities subject to FAA lighting requirements and height restrictions shall remain in compliance with all such restrictions as a condition of approval. All permittees shall provide the Community Development Director with proof of such compliance upon request.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

Trash and Debris. All wireless facilities, wireless transmission devices, support structures, alternative siting structures, and accessory equipment within the City shall be maintained in good repair and kept free from trash, litter, refuse and debris.

B.

Graffiti, Vandalism and Damage. All wireless facilities, wireless transmission devices, support structures, alternative siting structures and accessory equipment shall be kept free from graffiti and other forms of vandalism and any damage to the same, regardless of the cause, shall be repaired as soon as reasonably possible so as to minimize occurrences of dangerous conditions or visual blight. All graffiti shall be removed from the premises within twenty-four (24) hours of discovery or within twenty-four (24) hours of any written notice issued by the City. If the affected surface is a painted surface, graffiti shall be removed by painting over the evidence of such vandalism with paint which has been color-matched to the surface to which it is applied. Otherwise graffiti shall be removed through the use of solvents or detergents. For purposes of this chapter the term "graffiti" refers to any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to or on any surface by any means.

C.

Landscaping. Any conditional use permit approval or administrative collocation approval which incorporates or otherwise includes the planting, installation, and maintenance of new landscape improvements and/or the preservation and maintenance of existing landscape improvements, whether or not used as screening, shall be maintained in good condition at all times. Damaged, dead, diseased, or decayed trees, shrubs, and other vegetation as well as damaged or inoperable irrigation equipment shall be replaced promptly, but in no event later than thirty (30) calendar days from the date such deficiencies are detected or the date City issues notice of such deficiencies, whichever occurs first. If a landscape plan was required and approved, the site shall be maintained in accordance with the approved landscape plan at all times. Amendments or modifications to such plan shall be submitted for approval to the Community Development Director.

D.

Maintenance of Certain Stealth Facilities. Stealth facilities designed to appear as flagpoles must have a flag flown upon the structure and such flag must be properly maintained at all times. Flags which become tattered, torn, faded or otherwise damage shall be replaced with a new flag. Light fixtures included as part

of stealth facilities designed to appear as light standard or other lighting structures shall be operable at all times. Damaged, defective or burned-out light fixtures shall be replaced promptly.

E.

Contact Information. A permanent, weather-proof identification sign must be placed on the gate of the fence surrounding a wireless facility or, if there is no fence, at an accessible and conspicuous location approved by the Community Development Director. The sign must state the name, address, phone number of the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located, the wireless service provider using the equipment, and the owner of the equipment, if different from owner of the real property parcel or the wireless service provider. Fax numbers and e-mail contact number shall also be included, if available. If the owner of the real property parcel where the subject wireless facility, wireless transmission device, support structure, alternative siting structure, or accessory equipment is located has no other contact information, other than a residential telephone number or residential address, the Planning Commission may maintain such information as part of the records of the City in lieu of appearing on any signage.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.200 - Maintenance responsibility.

The compliance with the maintenance obligations set forth under this Section shall be a joint and severable obligation of the following parties:

A.

The owner of a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment and the user(s)/operator(s) of the same if different from the owner; and

B.

The owner of the real property parcel where a wireless facility, wireless transmission device, support structure, alternative siting structure, and accessory equipment are located.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.210 - Abandonment or discontinuance of use; removal of facilities.

A.

Notice to City. A wireless service provider shall provide written notice by certified U.S. mail to the Community Development Director and the Chief Building Official in the event the wireless service provider

intends to terminate or otherwise abandon its use of a wireless facility or individual wireless transmission device, or the wireless service provider is required to discontinue its use of a wireless facility or individual wireless transmission device. Such notice shall be mailed not less than thirty (30) calendar days prior to the contemplated or anticipated cessation of use; shall state the contemplated or anticipated date upon which the use will end; and shall state the date upon which the wireless facility or individual wireless transmission

device shall be completely dismantled and physically removed from the real property parcel where it is sited or located.

B.

Dismantling and Removal of Equipment. With respect to the contemplated abandonment, termination or discontinuance of use of an entire wireless facility, the dismantling and physical removal shall include the dismantling and physical removal of all wireless transmission devices, all support structures and all accessory equipment from the real property parcel where such items were sited. With respect to the contemplated abandonment, termination, or discontinuance of use of an individual wireless transmission device, the dismantling and physical removal shall include the dismantling and physical removal of the wireless transmission device and all corresponding support structures and/or accessory equipment that do not serve wireless transmission devices whose use is ongoing. Physical removal of an entire wireless facility also entails and includes the restoration of the site to its original condition prior to the installation of the wireless facility, excluding any landscape improvements.

C.

Failure to Timely Dismantle or Remove. If the dismantling and physical removal of a wireless facility or wireless transmission device in the manner contemplated under subsection B. of this Section, above, is not completed by the date indicated in the notice referenced under subsection A. of this Section, above, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days from the dismantling and removal date originally noticed by the wireless service provider pursuant to subsection A. of this Section.

D.

Constructive Abandonment of Facilities. A wireless facility or individual wireless transmission device that remains inoperative or unused for a period in excess of one hundred eighty (180) calendar days shall be deemed abandoned for purposes of this section. The foregoing shall apply notwithstanding any assignment of ownership or lease rights as contemplated under Section 17.54.220, below. After one hundred eighty (180) calendar days of inoperability or nonuse, the Chief Building Official shall issue notice to the wireless service provider and the owner of the real property parcel that the wireless facility or wireless transmission device must be completely dismantled and removed within sixty (60) calendar days.

E.

Responsibility for Dismantling and Removal. The dismantling and physical removal of wireless facilities, wireless transmission devices, support structures, and/or accessory equipment shall be the joint and several responsibility of the wireless service provider and the owner of the real property parcel upon which the wireless facility or wireless transmission device is sited.

F.

Nuisance. If an abandoned, inoperative or unused wireless facility or wireless transmission device is not dismantled and physically removed within any time period required under this Section, the same shall be deemed a public nuisance and any unexpired permit or authorization to use, operate and/or maintain the

wireless facility or the wireless transmission device may be revoked in accordance with Section 17.54.230 of this chapter.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

Any wireless service provider who owns or leases a wireless facility or who leases space for the placement of an individual wireless transmission device upon a support structure or alternative siting structure may assign its ownership or lease rights to another wireless service provider licensed by the FCC provided that any such assignment is conditioned upon the following:

A.

The issuance of sixty (60) calendar days' prior written notice of any such assignment to the Community Development Director and the Chief Building Official;

B.

The forwarding of the official name and contact information of the prospective assignee; and

C.

The assignee's written acknowledgement and assumption of all duties, requirements, restrictions and responsibilities applicable to the use, operation and maintenance of the subject wireless facility or subject wireless transmission device as provided under this chapter or any conditional use permit or other approval issued under this chapter.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

A.

At any time, the Planning Commission or City Council may initiate proceedings to revoke a conditional use permit or other approval issued pursuant to this chapter. Upon making a determination that the permit should be revoked, the deciding body may, at its discretion, initiate a nuisance abatement action pursuant to Chapter 8.44 of the Rosemead Municipal Code. Grounds for revocation include the finding that:

1.

The wireless service provider or property owner has abandoned or otherwise ceased its use of the wireless facility or an individual wireless transmission device; or

2.

The wireless service provider or property owner has failed to bring the wireless facility, an individual wireless transmission device, support structure or accessory equipment into compliance with the conditions of approval, or the requirements of this chapter, within any time period provided for in this

chapter or within any other extended time period set forth by the Community Development Director or the Chief Building Official; or

3.

The wireless facility, wireless transmission device, or accessory equipment no longer complies with applicable health and safety regulations promulgated by the FCC or the Federal Aviation Administration and the recipient(s)/holder(s) of a conditional use permit or administrative collocation approval have failed to timely bring such facilities, devices and equipment into compliance.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.240 - Wireless facilities in the public right-of-way.

A.

Section 7901 of the California Public Utilities Code confers upon telephone corporations as defined herein the right to construct telephone lines and equipment "along and upon any public road or highway" in such manner and at such points as "not to incommode the public use of the road or highway." Public Utilities Code Section 7901.1 authorizes a municipality to "exercise reasonable control" over the time, place, and manner in which roads and highways are accessed. In 2006, the State Legislature adopted the Digital Infrastructure and Video Competition Act of 2006 (the "Act"), which established a state franchising system for video service providers that is administered by the Public Utilities Commission. The Act added Section 5885 to the Public Utilities Code, which requires local entities, including cities, to allow a state video franchise holder to install, construct, and maintain a "network" within public rights-of-way under the same time, place, and manner provisions that apply to telephone corporations under applicable state and federal law, including the provisions of Public Utilities Code Section 7901.1.

B.

The City Council finds and determines that it is necessary, desirable, and in the public interest to impose the City's time, place and manner requirements, as authorized by Public Utilities Code Section 7901.1, upon telephone corporations and upon state video franchise holders through the encroachment permit process and procedures that are specified in Title 12 of the Rosemead Municipal Code. Enforcement of the City's time, place, and manner requirements specified in Title 12 is the responsibility of the Superintendent of Streets or designee.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

17.54.250 - Nonconforming facilities.

A.

Legal Nonconforming Uses. Any wireless facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter or for which an application for a use permit is deemed complete prior to the effective date of the ordinance codified in this chapter, in compliance with all applicable laws and which does not conform to the requirements of this

chapter shall be accepted and allowed as a legal nonconforming use. Such legal nonconforming uses shall comply at all times with the laws, ordinances and regulations in effect at the time the application was deemed complete, and any applicable Federal or State laws as they may be amended or enacted from time to time, and shall at all times comply with the conditions of approval.

B.

Illegal Nonconforming Uses. Any wireless transmission facility, wireless transmission device, support structure, alternative siting structure and accessory equipment placed, affixed, mounted, constructed, developed, erected or installed prior to the effective date of the ordinance codified in this chapter in violation of applicable laws, ordinances or regulations shall be considered an illegal nonconforming use and shall be subject to abatement as a public nuisance.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)

By resolution, the City Council may establish, and from time to time adjust, fees to recover the reasonable estimated cost of processing and reviewing applications for the approval of conditional use permits issued pursuant to this chapter. The fee for processing and reviewing applications for administrative collocation permits shall be the same as for site plan review as established by the City Council.

(Ord. No. 944, § 3, 1-13-15; Ord. No. 931, § 5(Exh. A), 10-22-13)